The term “third-party material” refers to content made by someone else, not you. This includes items like images, icons, graphics, logos, fonts, photographs, and any other creative work that someone else created. These materials are often used to complement a design. Equally, if you are using AI tools to create (wholly or partially) your design, you need to bear in mind that these AI-originated materials are considered third-party material.
For example, if you are making a poster for a concert, you might use a picture of a guitar you did not draw, but sourced from a stock provider or created through a gen-AI tool. This is considered third-party material because it is not your own original work.
The use of third-party material on 99designs by Vista is allowed in certain situations and under certain conditions, which will be outlined in this policy.
Using others' work or elements from others' work without an appropriate permission and/or introducing such work as your own is strictly forbidden and 99designs will take the necessary actions in accordance with our penalty guidelines.
You can review our penalty guidelines here.
1 – Licenses
Owning a physical asset in which any intellectual property rights subsist (e.g., a painting) and owning the intellectual property rights subsisting in it are two completely separate things. This means that you could own the physical thing without having any right to reproduce it in a picture (in our previous example, you cannot distribute a picture of a painting that you own, if you do not own the intellectual property rights in it).
On 99designs by Vista, designers may only use third-party materials in relation to which they have obtained permission to reproduce, modify, display and disseminate them through any possible means and for the relevant purposes. This means that the license should allow the use intended by you and your Client. For example, if you want to use a certain image on a packaging design, you must make sure that the image’s license explicitly states that it can be used for commercial purposes.
If you are unsure whether certain material can be licensed or not, do not use it.
You can learn more about the different types of licenses here.
2 - Third-Party Material in Design Contests
The use of third-party material (including AI-generated material) is not allowed in the following Design Contest categories:
- Logo design
- Art & illustration
- Button or icon
This is because designs in these categories must be entirely of the Designer's own creation in order to provide Clients with original work tailored to their needs.
An exception can be made in these categories if the Client requests designers to use third-party material which the Client owns or for which they own a license. In such cases, a confirmation of ownership and/or license is essential before any work is done.
The use of third-party material is permitted in all other Design Contest categories, as long as the Client has allowed it, the Designer declares their usage properly and the license allows the use intended by the Client.
Designers must ensure the font they are using allows the Client’s intended use. Fonts should be outlined when files are provided to the Client. Unmodified fonts are not allowed in wordmark logo designs, since we expect and require entirely original work in the logo design category. If you would like to use an existing typeface as a base for your design, make sure that the license allows such use and modify it sufficiently in order to create your own custom font.
You can learn more about how to declare third-party material in Design Contests here.
3 - Third-Party Material in Design Projects
Designers may use third-party material for any type of designs created and delivered in a Design Project, as long as the client allowed it, the materials (including any AI-generated materials) can be licensed, allow the Client’s intended use, and such information (and, if applicable, the use of any AI tools) has been disclosed to and approved by the Client.
As there is no declaration tool in Design Projects, please provide any links and relevant information about the third-party material (including any AI-generated materials) you are using in the "Activity" tab.
Remember, it is your responsibility to disclose this information to your Client.
4 - Clients' requests
Occasionally, Clients may request that you incorporate certain artworks into your design. Before using any material a Client presents, it is your responsibility to confirm they have acquired the necessary rights (including through a license) to use it or have the means to obtain one.
It is crucial to exercise caution when incorporating material whose source you are uncertain about, as this could potentially lead to an intellectual property rights violation. If you find evidence that the requested material is subject to intellectual property protection (e.g. an image of a celebrity or a copyrighted character) you should report the situation to Designer Support. Please do not contact the Client directly to discuss this, we can help resolve it. Design Contests can be reported through this form. Design Projects can be reported by submitting a request via our Help Center.
5 - AI-generated artwork
As anticipated in section 3 above, Designers may incorporate AI-generated artwork in their Design Contest entries and in designs submitted to Design Projects, as long as its use is requested, disclosed, and approved by the client.
Sourcing and Licensing AI-generated Artwork
Always use reputable AI tools known for producing original content and verify that the AI tool’s terms of service allow for the intended commercial use of the artwork. E.g. When using an AI tool to create a unique background pattern for a packaging design for a client, you need to ensure the tool provides commercial use licenses that are broad enough to cover the Client’s intended use. Ensure you keep track of the applicable tool’s terms and conditions.
Originality
Conduct thorough similarity checks to ensure your AI-generated content does not (even inadvertently) copy existing works. E.g. You are using an AI tool to create an image of a cityscape for an advertisement for a client. Without conducting a thorough originality check, you later discover that the image closely resembles a well-known photograph. This can lead to a copyright dispute and should be avoided. When in doubt, seek legal advice or use alternative, well-vetted resources.
Compliance with Local IP Regulations
AI-generated artwork is subject to copyright laws that may vary by jurisdiction. It is crucial to understand these laws and obtain the necessary permissions. Ensure any AI-generated content used in your designs is compliant with both local and international intellectual property regulations.
Communication with Clients
Clearly communicate with clients about the use of AI-generated materials, including any limitations and licensing requirements. Keep track of approvals and maintain open communication to ensure clients are fully informed and compliant.
You can learn more about how to declare AI-generated material in Design Contests here. As there is no declaration tool in Design Projects, we ask you to provide any links and relevant information about any AI-generated materials you are using in the "Activity" tab.