Fashion House Com Toiv Po Sued Over AI-Generated Campaign Using Photographer's Work

Fashion company Com Toiv Po is facing a copyright infringement lawsuit filed in the Tel Aviv Magistrate's Court. The suit was brought by a photographer who claims the fashion house used elements of his copyrighted photographs in an AI-generated advertising campaign without permission.

The photographer, who created a series titled "Pioneers" documenting "Hilltop Youth" in the Jordan Valley, alleges that Com Toiv Po incorporated substantial parts of two of his images into its own campaign. The campaign, launched in July, was presented as a social statement against violence in the West Bank and featured four images created using artificial intelligence tools.

According to the lawsuit, the photographer's original images depicted a young man with reddish hair wearing a kippah and plaid shirt in an open area, and another young man with glasses, a kippah, and sidelocks wearing a blue shirt while carrying a goat. These photos had previously been published with his credit in "Bezalel" publications and "Haaretz" newspaper.

The plaintiff asserts that Com Toiv Po digitally cut and combined portions of his photos into new AI-generated images. In the fashion campaign, one of his subjects was placed in a scene of fire, smoke, and security forces, while another was depicted with a fuel tank instead of a goat amidst fire and riots. Another image showed the young man with a fuel tank in a scene with police forces, with the Azrieli towers in the background.

The photographer claims this use was unauthorized, without his consent, license, or payment, thereby infringing his economic copyright. He also states the company failed to provide him credit and that the alterations damaged the integrity of his work. He further alleges that Com Toiv Po ignored his demand, made a month prior to the lawsuit, to remove the infringing material.

Prior to the lawsuit, an interview with Com Toiv Po's owner, Sybil Goldfiner, was published on ynet, titled "Settlers, Soldiers, and Models: A Fashion Campaign Against Violence in the West Bank," which included the disputed AI images with a credit: "AI simulation, courtesy of Com Toiv Po." The photographer is seeking NIS 100,000 in damages, along with injunctions to remove the images from the campaign, arguing that the use of AI tools does not excuse the copying of photographs or absolve the defendant of responsibility.