Generative AI is a type of artificial intelligence technology that produces an output such as text or an image in response to user instructions (prompts) based on the datasets it is trained with. Both these datasets and the final output obtained through the AI tool may present issues related to the infringement of copyright or other Intellectual Property rights.
At 99designs we believe in the power of human creativity, but we also appreciate that new technologies and tools like generative AI open up exciting possibilities and efficiencies within the creative process. We view content created using generative AI tools (wholly or partially) as third party material, and treat it as such on our platform.
In Projects, you are able to use third-party material (including AI-generated elements) as long as:
- The client has given their permission in their brief or communication with you
- The materials used can be licensed and allow for the client’s intended use of the design
- All use of generative AI tools has been disclosed and approved by the client
It is your responsibility to read and understand the terms and conditions of any generative AI tools used to create a design, and you must ensure that you can legally transfer ownership of the design to the client.
How do I know if I can use generative AI tools in a project?
Clients may communicate their preferences in their brief or initial conversations. If they did not specify if they want to allow AI generated elements in their design, this doesn't give you permission to use AI tools. Instead you would need to ask the client if they are ok with you using AI tools to create your designs and share all the relevant information (which tool you plan to use and how you plan to use it) with them. Because there is no declaration tool in the project workflow, please provide details of the tool used in the ‘Activity’ tab of the project space. Remember, it is your responsibility to disclose information about the use of generative AI to your Client. You can only use gen AI, if all information was shared and they give their approval in writing.