Luxury, creativity and generative AI: the legal risks can begin… right from the very first prompt

Our partner Claire Poirson answered questions from Emilie Besse for Les Carnets du Luxe on the changes that generative artificial intelligence is bringing to the creative processes of luxury houses.

Mood boards, visual concepts, set designs, campaigns, personalisation: AI is opening up new avenues for experimentation.

But behind the AI tool lies a whole range of legal issues that creative teams are often unaware of:

• What can be shared with an AI without compromising confidential data or archives?
• Who holds the rights to a creation that combines human input and automated generation?
• How can human creative direction be documented to ensure the protection of a creation?
• Who is liable for an infringement of third-party rights: the company, the agency, the service provider or the tool provider?
• How can contracts, internal policies and governance be adapted to these new practices?

For creative businesses, the question is therefore no longer simply whether they will use AI, but how to organise its use from a legal perspective without undermining what constitutes their value: their creations, their data, their expertise and their identity.

At FIRSH, we support creative professionals in this process: mapping uses, selecting tools, protecting intangible assets, updating contracts and drafting ‘AI Use’ clauses, governance, documenting creative processes and training teams.

Our aim is to enable our clients to continue using AI in their creative processes without compromising their business interests or infringing the rights of third parties.

Thank you to Les Carnets du Luxe and Émilie Besse for this discussion on a topic that now plays a central role in the support we provide to our clients.

Claire Poirson