AI conundrum

[jimbug72]

Okay, so we had a client ask us about doing some t-shirts and submitted some art. The art came from design.com I went there, and it appears to just be a website with an AI engine that will generate art off of prompts. The customer wants me to recreate the design exactly from the proof sample. They didn't pay for the subscription to get useable files w/o watermarks. This is the kicker. The customer isn't being a cheap skate. She is well aware that it will cost her more for me recreate this design than it would for her to subscribe to the service, get her files and cancel her subscription. It's not overly complicated and if I really took my time, it might take me about 30 minutes to make a vector replica.

So here is my dilemma, is it unethical for me to "steal" a design from an AI bot?

 

[Boudica]

Nope, not at all.

 

[Goatshaver]

I think this will become more of an issue with more people using AI to generate images for print. I don't see any problem with it unless they have some kind of copyright, but highly doubtful. I've used Midjourney and Adobe Firefly for background artwork for labels I've done for my cannabis customers and it's made designing some labels much easier.

 

[Gino]

I say go for it, cause the laws are very grey at the moment on this stuff. Not created by a person, then who would own it ??

REFINERY is a little hard to read , if it matters.

 

[GAC05]

I went to the AI source:

Ethics can be a complex issue, and it depends on various factors. When considering "stealing" a design from an AI bot, several considerations come into play:

1. Intellectual Property Rights: If the design created by the AI bot is protected by intellectual property rights, such as copyright or patents, using it without proper authorization could be considered unethical and illegal.
2. Fair Use: However, if the design is generated by an AI without any human input or originality, it might not be protected by intellectual property laws. In such cases, it could be argued that using the design is not unethical, especially if it's for non-commercial purposes or transformative use.
3. Attribution: Even if the design is not protected by intellectual property laws, it's generally considered ethical to give credit to the AI or its creators if you're using their work.
4. Ethical Implications of AI Ownership: There's an ongoing debate about the ownership of creative works generated by AI. Some argue that the output of AI belongs to the developers who created it, while others argue that it should be treated as a common resource. Considering these ethical implications is important when deciding whether it's ethical to use an AI-generated design.
5. Impact on Creativity and Innovation: Using AI-generated designs without adding any original input might stifle creativity and innovation. Ethical considerations should also take into account the potential impact on the creative process and the broader creative community.

In summary, whether it's unethical to "steal" a design from an AI bot depends on factors such as intellectual property rights, attribution, the nature of the AI's involvement in the design process, and the broader implications for creativity and innovation. It's essential to consider these factors carefully and make an informed decision.

Note:
I lifted both the question and answer without attribution or payment.

 

[Stacey K]

I would use it. I had a customer a couple weeks ago do the same thing. I'm not sure if he paid for the service as he could only get me a png. I recreated the wording and was able to use the graphic. Funny because he led me to believe he had hired a designer for a number of graphics he sent over. It finally came out he used an AI bot. I found it interesting.

 

[DL Signs]

Not unethical at all.

Artwork that can be copyrighted must be created by a human, hence, AI generated artwork can't be copyrighted, and has case law rulings by courts and the USCO to back it up.

The exceptions to this pretty much open source use is if it contains copyrighted elements, like in the initial rollout days when AI bots were scouring the internet gobbling up protected artwork and using them in what they spit out, or someone authoring it uses their own copyrighted content in it. In a case where it was authored by your customer, and you are contracted to reproduce it for them, as long as it contains their legally owned copyrighted or trademarked elements, you're protected by the contract. Another exception is using anyone's likeness in a way that could harm them. One big thing to consider if you like using AI, I wouldn't use it to generate logos, or anyone who knows/ finds out it's AI generated, and thinks it's cool can plagiarize it, or any portion of it.

It's a crazy world, and it's only going to get crazier...