The fashion industry is entering a new era, with artificial intelligence reshaping how collections are designed, marketed and displayed. A recent Guess advert in Vogue featuring an AI-generated model highlights the shift—showcasing digital avatars dressed in virtual garments, set in limitless environments without the need for costly photoshoots. While the technology offers brands unprecedented creative control and efficiency, it also raises complex legal and ethical questions.
A major concern is data protection under the UK’s GDPR and the Data Protection Act 2018. AI fashion models often rely on datasets containing real images of people, which may involve biometric data such as facial features and body shape. Using such data without explicit consent risks breaching privacy laws and triggering regulatory action. The issue echoes wider scrutiny of AI model training, with the European Data Protection Board urging organisations to ensure lawful development and meaningful anonymisation.
Copyright further complicates matters. Traditional fashion images are protected by clear authorship rights. In contrast, AI-generated visuals occupy a grey area. UK law attributes authorship of computer-generated works to the person who made the necessary arrangements, but this principle remains largely untested in court. Brands using AI tools that produce images resembling copyrighted works risk infringement claims—particularly where training data is unclear.
The risk of “passing off” is also rising. Celebrities and recognisable models could see their likenesses—or lookalikes—used in AI content, misleading consumers and damaging reputations. The 2013 ruling in Rihanna’s case against Topshop, where unauthorised use of her image was deemed a false endorsement, suggests a legal route for individuals to challenge AI outputs that misappropriate personal identity.
Consumer law adds further scrutiny. The Advertising Standards Authority may consider AI-enhanced fashion visuals misleading, particularly if they depict impossible lighting or garment effects. With transparency under increasing pressure, regulators are considering mandatory disclosure of AI use in advertising. Brands that fail to declare AI manipulation risk sanctions and reputational damage, especially among consumers who value authenticity and representation.
There are also ethical implications. Over-reliance on AI-generated models may reduce opportunities for human models, especially those from underrepresented backgrounds. In a sector where diversity and inclusion are crucial to cultural relevance, this could undermine a brand’s credibility.
Legal experts stress the need for safeguards. Fashion houses should properly license training data, obtain relevant consents, build strong contracts with AI vendors, and evaluate reputational risks. These steps are vital not only for compliance but for building trust as AI adoption expands.
The UK currently lacks a standalone image right, but courts have shown willingness to use passing off and fraud laws to protect individuals’ likenesses. Regulatory bodies continue to emphasise responsible AI use, making governance and legal foresight essential.
AI’s role in fashion marks a pivotal moment. For UK brands keen to lead in creative innovation, balancing opportunity with accountability will be key. As AI evolves, so will the legal frameworks governing it—and the industry must be ready to respond.
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