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AI-ENHANCED DESIGN AND LEGAL FOOTPRINT FROM INTELLECTUAL PROPERTY PERSPECTIVE

In the recent years, AI-enhanced design (AIED) rose from an interesting and entertaining tool for creating design and various images for personal use to a semi or even fully professional tool potentially applicable in a variety of professional uses. With this advent of new capabilities inevitably came en enhanced PR coverage on social media, followed by a multitude of so-called “design gurus” providing tutorials how to make a quick profit using AIED. What often fails to be mentioned is the (mis)use of intellectual property and (lack of) its management when it comes to professional and commercial licensing and use. One of the most adopted AIED tools is Canva, with market share of 46.29% in September 2024, followed by Dall-E3, Leonardo AI and Adobe Firefly, all in their own domains of use (6sense, 2024).

According to the survey conducted for the purposes of this paper (with a survey group consisting of 62 respondents), nearly 43% of individuals using AI-enhanced design (AIED) tools fall within the 30-40 age group, with most holding graduate degrees.

Approximately 46% of respondents are familiar with AIED platforms, while 7% have never used them. (Google, 2024) Usage patterns show that 43.5% use these tools occasionally. Interestingly, a significant majority—almost 80%—believe that AIED enhances overall creativity and efficiency in the design process. However, 26% feel that AIED has the opposite effect.

When it comes to the artistic value of AI-generated designs, 46% of respondents believe they should not be considered works of art. Despite this, 58% are aware of the associated copyright issues, with 30% expressing significant concern and 46% somewhat concerned about them. Regarding ownership, a striking 55% of respondents think that all intellectual property (IP) rights related to designs should be attributed to the user (designer), while only 4% believe that the platform should hold these rights.

An overwhelming 90% of participants are concerned that AIED could lead to unintentional plagiarism or IP infringement. In terms of IP rights protection, 30.4% of respondents believe new regulations should offer greater protection to designers, while an equal percentage think the approach should be more collaborative. Additionally, 18% feel that AI developers deserve more protection. A staggering 91% agree that a new IP strategy should specifically address AIED, while only 3% believe that current regulations are sufficient.

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AI-ENHANCED DESIGN AND LEGAL FOOTPRINT FROM INTELLECTUAL PROPERTY PERSPECTIVE