Digital Clones Are Here—Is the Law Ready?

The Rise of Digital Clones

The emergence of digital clones in the fashion industry has introduced complex legal considerations, particularly within the Indian legal framework. Brands are now utilizing artificial intelligence (AI) to create virtual models and digital doubles, aiming to reduce production costs, streamline global campaigns, and maintain a consistent aesthetic. However, this innovation raises significant questions regarding intellectual property, personality rights, and data protection, particularly in the absence of specific regulation.

Global Adoption: H&M, Balenciaga, and Beyond

Globally, fashion powerhouses are embracing digital clones. H&M recently announced it would create AI-generated twins of 30 models to support its marketing campaigns—part of a broader effort to digitize creative operations while retaining human oversight. Similarly, Balenciaga staged a 2022 runway show entirely populated by deepfake clones of a single model, expanding the limits of brand-controlled visual identity. Brands like Zalando and Burberry have also dabbled in AI modeling for e-commerce and advertising.

This growing trend signals a new era where digital likenesses may replace traditional models, and with it, comes a critical need for updated legal protections—particularly in countries like India where technological use often outpaces legal reform.

Intellectual Property Rights

In India, the Copyright Act of 1957 does not explicitly recognize or protect AI-generated works. Under existing law, copyright requires human authorship, making the ownership of AI-created images or videos a grey area. With fashion houses potentially owning digital clones that replicate human models, the lack of clear legislative guidance could lead to unauthorized commercial exploitation of AI content. This is especially relevant as such content becomes globally distributed and commercially monetized.(Ref: SLS CUSAT, IJLLR Journal)

Personality Rights and Right to Publicity

The right to publicity, derived from the right to privacy under Article 21 of the Indian Constitution, ensures that individuals maintain control over their name, image, and persona. Indian courts, including in ICC Development (International) Ltd. v. Arvee Enterprises, have recognized unauthorized commercial use of identity as a violation.

In the context of digital clones, models must grant informed, explicit consent before their likeness is captured or recreated digitally. Failure to do so could lead to claims of identity theft, misappropriation, and potential reputational damage, especially where models’ digital selves are used beyond their original context or lifespan. (Ref: CSIPR, IJAR)

Data Protection and Biometric Privacy (Digital Clones)

Creating digital clones necessitates processing sensitive personal data, including facial scans and biometric inputs. Under India’s Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, brands must adopt strict protocols when handling such data.

Given the rise of biometric-based fashion content, failure to obtain lawful consent or safeguard this data can expose companies to regulatory scrutiny and litigation. As AI evolves, so too will the risks of data misuse, algorithmic bias, and cross-border privacy breaches. (Ref: Singhania & Partners)

Future Outlook: India in the AI-Fashion Era

As global brands experiment with AI-driven aesthetics, India's legal system must proactively address the gap between technological innovation and legal regulation. Potential areas of reform include:

• Recognition of AI-generated content under copyright law.

• Codification of the right to publicity and personality protection.

• Stronger data governance frameworks around biometric data and AI use.

• Industry-specific model agreements that include digital twin clauses.

The EU AI Act and discussions around the U.S. NO FAKES Act could serve as precedents for India to develop robust legislation tailored to digital fashion and creative technologies.

Until then, brands operating in or marketing to India must ensure legal compliance by adopting transparent contracts, ethical AI standards, and data safeguards—balancing innovation with individual rights in the digital century.