AI-ENHANCED DESIGN AND LEGAL FOOTPRINT FROM INTELLECTUAL PROPERTY PERSPECTIVE

The introduction of artificial intelligence into graphic design is widely understood as a fundamental game-changer. The rise of artificial intelligence (AI) in the form of applied machine learning has revolutionized the field of graphic design, introducing advanced tools to foster creativity and productivity. Machine learning has brought forth tools that enhance creativity and speed up work processes. However, this technological progress also presents significant legal, especially intellectual property (IP) challenges that need to be addressed to safeguard innovation and ownership rights. This paper explores the intersection of AI-enhanced graphic design and IP issues. The core of AI enhanced design is commonly based on generative adversarial networks (GANs) and machine learning algorithms (MLA) in the design process where input parameters often include existing protected works under copyright. These processing activities often present a challenge from an IP rights perspective. By analysing current EU legal framework and relevant case law, we present examples of processing activities where AI systems contributing to creative outputs fall under regulatory obligations and potential risk of litigation. The paper presents potential solutions and best practices for interdisciplinary work that includes engineers, designers and lawyers to navigate these challenges, hopefully contributing to bridging the gap between diverse fields incorporating technology and law that designers face in the era of AI-enhanced creativity.