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AI has disrupted the fashion and beauty space in a number of ways. The technology is used to enable brands to develop content more seamlessly, such as developing images of models of all shapes, sizes and skin tones or generating unique patterns and designs for clothing that have not actually been physically created. Throughout the last few years, fashion houses, such as LVMH and Christian Dior, have used AI to better target trend forecasting, inventory management and consumer product recommendations.
AI is not new to the fashion industry, but more and more brands are using AI in their fashion shows, campaigns and collections. For example, French fashion brand Casablanca created AI-generated images for its Spring/Summer 2023 collection and campaign. This allowed the designers and photographers to creative direct a campaign that could only be executed through AI, including uses of UFOs, space and the desert in a “hyperrealistic painting.” During AI Fashion Week, various innovative designers displayed collections that implemented AI in their workflow, used AI-generated models or showcased the latest in AI-generated clothing. Many brands noted that AI enhances the designers’ and photographers’ artistic visions and creativity. Brands like Givenchy, Prada and Calvin Klein are now working with “fully AI models,” like Miquela Sousa (Lil Miquela) on their campaigns, which allows the brands to produce virtual photoshoots and promotional shots/videos quickly, efficiently and economically.
In other cases, brands are using AI to develop product descriptions across platforms or to facilitate interactions with digital assistants who can respond to consumers’ questions about a product and how it looks or functions. For example, the chatbot may tell a consumer that a beauty serum helps “remove fine lines” or “establish a youthful glow.” In some cases, the technology relies on consumer input, such as tools that enable virtual try-on functionality. This technology allows consumers to browse and virtually wear clothing or try on cosmetics or accessories. Consumers can do this by creating scans of their bodies in a dressing room, or via a device at home while “testing out” different eye shadows or lipsticks. Other similar tools can analyze a user’s skin type and suggest products. The technology relies on scans that enable more precise measurements to help the consumer form a realistic idea of what a product may look like on them before they actually purchase it.
The benefits of these technologies are obvious, but the challenges are more subtle. First, creators and brands will need to decide how to allocate the risk among the parties. For example, established brands may be working with new technology providers that may not be in a position to insulate them from risk via indemnification. Alternatively, technology providers in the space have to consider developing systems to enable models to be trained with user data that they may not control, meaning that it may have to be deleted or de-identified post contract, or data that is subject to a consumer access, deletion or correction request. These issues certainly complicate contracting, as the parties on each side may have needs that are entirely at odds – with one needing the data and the reputation of the brand and the other trying to protect that reputation and control the use of their data.
The same technology that allows consumers to readily “try on” beauty products from the comfort of their own homes presents new issues for advertisers engaging content creators to promote their products in organic social posts. As AI technology advances, social media filters (e.g., “beauty” filters, contouring, blush, eyelash and eyeliner amplifications, etc.) are more readily available. When brands hire beauty influencers and talent to create content surrounding a beauty product, brands should have training and monitoring programs to ensure that creators are not fabricating reviews or falsely advertising the benefits of certain beauty products.
- AI has transformed the fashion and beauty industry by enabling brands to create content seamlessly, generate unique designs and improve trend forecasting and has allowed consumers to try on products virtually and get customized recommendations
- Brands must determine how to allocate the legal risk associated with AI, including responsibility for inaccurate results, determining whether biometric data is collected, consent to use of the data and claims of copyright ownership and/or infringement
- It is important to consider the target audience for the tools as the legal risks are increased if consumers under the age of 13 are “trying on” cosmetics or teenagers are modeling clothing virtually