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    4. Best practices for using AI in design, artwork, and illustration

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    Alert / Intellectual Property

    Best practices for using AI in design, artwork, and illustration

    Sep 25, 2023

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    By Erica Van LoonCheryl King Berry (President—Aquent Studios) assisted with the preparation of this alert and guide.

    As use of generative AI skyrockets, creators must comprehend the best practices and risks associated with AI usage.

    What’s the impact?

    • Generative AI tools can improve workflows for content creators, but incorporating AI is not without risk.
    • Artists and designers using AI tools should follow best practices and consider legal and ethical implications to mitigate these risks effectively.

    DOWNLOAD

    Using Generative AI for Design: Legal Considerations and Best Practices

    What is generative AI?

    Generative AI is a form of artificial intelligence, that has recently gained attention for its ability to create diverse content swiftly, including text, imagery, audio, and synthetic data. Key advancements, particularly with generative adversarial networks (GANs), facilitate the generation of images, videos, and audio. 

    This technology presents opportunities, including improved movie dubbing and educational content, alongside challenges like deepfakes and cybersecurity risks. Breakthroughs in large language models and multimodal AI have brought generative AI into the mainstream, enabling the generation of engaging text, photorealistic images, and multimedia content.

    What is AI art?

    AI art encompasses digital creations crafted with generative AI assistance, with humans contributing prompts or data while leaving the final creation to AI. Artists, including digital illustrators and concept artists, grapple with questions regarding the implications of AI on their careers. 

    As AI evolves, global concerns about its impact on the creative industries, especially in digital painting, prompt discussions on the ethics of AI art.

    We’ve paired up with Aquent to share a guide to best practices for the use of AI in design, artwork, and illustration.

    Click here to download our guide.

    Our guide provides insights into:

    • Potential Risks and Considerations—Explore the inherent risks that come with the use of AI tools in design and how to carefully assess various use scenarios.
    • Intellectual Property Issues—Uncover how the use of AI potentially impacts trademarks, copyrights, patents, right of publicity, and trade secrets.
    • Accessibility and Privacy Issues—Learn why harnessing AI can improve inclusivity and accessibility and how to avoid privacy issues when training AI.
    • Best Practices to Mitigate Risk—Common concerns about AI specific to the Art & Design industry can be alleviated while prioritizing the protection of output.

    As the use of generative AI in design, artwork, and illustration expands, it presents a landscape of both opportunities and risks. Nixon Peabody can help artists and designers mitigate these risks effectively, seize market opportunities, strengthen and protect brand identity, and enforce intellectual property rights.

    Practices

    Intellectual PropertyArtificial Intelligence IP

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    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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