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.
At 99designs we believe in the power of human creativity and the magic that happens when you work with a designer that just gets you and your brand. We also understand that new technologies open up exciting possibilities within the creative process, and so allow the use of generative AI tools in projects under certain conditions.
99designs considers all AI-generated content to be third party material. In Projects, third party material (including AI-generated elements) is allowed as long as:
- You as the client have given permission for AI tools to be used in your communication with the designer
- The materials used by the designer can be licensed and allow for your intended use of the design
- All use of generative AI tools has been disclosed by the designer and approved by you
If you wish to trademark or own the copyright for your design, we recommend that you do not allow designers to use generative AI in your project. This is because AI-generated content is not considered to be the work of a human creator, meaning it fails to meet the legal requirements for copyright protection in many jurisdictions.
If you don’t want generative AI used in your project
We understand that you may not want AI (or other third party material) used in your designs at all. You can either mention this in your project brief and designers will only submit concepts entirely of their own creation. If you do not mention it, designers might ask for your permission to use gen-AI to create your designs. In that case, you can just let them know that you don't want this.
If you choose to allow generative AI in your project
If you want to allow the use of generative AI tools (or other third party material) in your project, you can mention this in your brief. If the designer chooses to use AI tools to create your designs, it is their responsibility to share the details of the tools used, and ensure that they can legally transfer ownership of the design to you as the client. Because there is no automated AI declaration tool in the project workflow, your designer should provide details of the tool used in the ‘Activity’ tab of the project space. It is also important to make sure that you read the terms and conditions of the generative AI tool used to ensure you fully understand any usage limitations of the design created.
Even when AI is allowed, designers must still follow 99designs’ rules around quality and originality and deliver you a bespoke and original creative execution.