Rania V. Sedhom is managing partner at Sedhom Law Group
Many brands are using generative AI to be more inclusive.
The tool allows customers to see various ethnicities and body sizes in advertisements, commercials and social media campaigns. When Dove created its inclusivity campaign, it utilized human beings.
However, more and more brands are using AI-generated characters that look human.
Brands put AI to (good) use
For example, an AI-generated character, Lil Miquela, is an influencer with a Wikipedia page and approximately 2.6 million Instagram followers. She showcases, amongst other things, Calvin Klein products.
Balmain created several virtual models who quickly became influencers and the faces of Balmain campaigns. The next time you view an online Balmain campaign, ask yourself whether you are looking at a human being or at Shudu, Margot or Zhi, some of Balmain's AI models.
Interestingly, Levi's received backlash when using AI models, while Balmain received praise.
AI models and influencers can save brands significant amounts of money. With AI models, there is no need for a fashion photographer, no need to worry about schedules, travel and a model's list of must-haves like a case of fancy water or specific flowers in a room.
Since AI models are digital, they can be put to use at any time and for unlimited number of hours. AI models can be created in any form, helping customers observe how pieces of clothing may fit across a diversity of body types and proportions.
Ramifications and regulations
The EU propounded the EU AI Act ("Act") to address concerns regarding the technology.
An act that is less than a year old and enacted by the governing body requires disclosure when using AI-generated content.
Therefore, the United States is unlikely to adopt a similar regulation until it determines whether it is suitable for the U.S. market and whether certain provisions need to be changed.
There are too many considerations related to the use of AI-generated content to enumerate. However, it is never too early to think about important results from its use.
Required reading
Below are a few questions to ask yourselves, both as luxury consumers and professionals:
- How will "perfect," AI-generated figures affect youth and other persons with body dysmorphic disorder?
- While revenue and profits may increase, should we worry about an inability to protect content, as the U.S. Copyright Office does not yet recognize the works of AI avatars as "sufficient human authorship?"
- What are the consequences of AI-generated avatars looking substantially similar to human models?
- What are the consequences of AI-generated avatars depicting a model as a different race or size, or with different body proportions?
- Did you know there is an AI Fashion Week, and are you interested in watching AI models?
By the way, this piece has been written by a real person — me — and not an AI avatar.
Rania V. Sedhom is founding member and managing partner of the Sedhom Law Group, New York. Views shared are purely the author’s. Reach her at rsedhom@bespokelawfirm.com.