Can Using Artificial Intelligence Lead to Intellectual Property Infringement?

As retail and fashion companies increasingly use artificial intelligence (AI) and machine learning technologies to perform predictive consumer analysis, solve apparel fit issues, create virtual and physical fashion and other designs, these technologies must be used in a manner that does not infringe on the intellectual property rights of third parties.

Broadly speaking, artificial intelligence involves using computers to emulate the manner in which the human brain performs certain computations. One area of AI, commonly referred to as machine learning using neural networks, involves extrapolating patterns from large quantities of data and using those patterns to generate actionable information or output data — e.g., consumer purchasing trends, apparel designs, etc. Over time, the AI program refines its underlying algorithm, which results in increasingly higher quality output data. This process is commonly referred to as training a neural network.

As mentioned above, training a neural network involves extrapolating patterns from large quantities of data and using those patterns to generate actionable information or output data. Such large quantities of data, however, may contain copyright protected images or the like — for example, copyright protected photographs downloaded from the internet. And using these copyright protected images as input data to train neural networks can, in certain circumstances, constitute copyright infringement.

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