At a webinar hosted by Berkeley College, a lawyer presented a pattern inspired by Kente, the colorful fabric from West Africa that looks as if the colors themselves were woven together. The online audience consited of fashion designers, professionals and students in Africa, who were there to understand better how to operate in the U.S. market
The lawyer was transparent. She said she was not a designer. She made it with ChatGPT after typing a prompt. The AI-generated pattern, however, was not the point. It was just an illustration to drive the central question
“Would this be capable of protection under the U.S. Copyright Act?” asked Amy Goldsmith, who is a partner at Tarter, Krinsky & Drogin. “And the simple answer is no way, no how.”
Goldsmith said the U.S. Constitution requires human inventorship from a copyright and patent perspective. AI prompts don’t count, no matter how sophisticated they may be. Furthermore, designers must read the fine print in the AI they use
“If you look at the terms and conditions of the AI tools, you need to make sure that all of the inputs and all of the outputs are going to be yours,” she said
The was developed by Berkeley College and the Law Academy Africa to address gaps in fashion law knowledge with a focus on import/export processes, intellectual property rights, AI and retail operations between Africa and the U.S. markets
“The intent of the webinar is to meet at the intersection of fashion and legal studies,” Linda Mauro, Berkeley College associate vice president, strategic partnerships, said in a statement. “Berkeley College wants to bring to the forefront the discussion on the importance of creatives, specifically out of Africa, and to realize the importance of the legal side of intercontinental business.”
While the webinar touched on the many ways that AI can complement the design process, the discussion focused heavily on the importance of legal ownership over design, and how elusive that can be because of AI
“If you use AI, make sure the platform rights protect you,” said Nicole Alexander, the founder of luxury accessories brand Ivy Alexander and an adjunct professor at Berkeley College. “Read the fine print. Hire a good lawyer to make sure, and don’t rely on AI to draft your contracts. Don’t do that. Bad idea.”
Alexander recalled advice she received from a colleague who works in public relations: Products tell a story. She reiterated that at the webinar to stress the cultural and market significance of having a story
“One of Africa’s greatest competitive advantages isn’t lower manufacturing costs. It’s authenticity. Consumers want to know. They want to know who made this. What does this pattern mean? Where did the craftsmanship come from? Don’t hide those stories,” she said
“It’s a great marketing opportunity for you, particularly if you’re going to be importing into our country,” Alexander said
