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Protecting Your Creativity and protect your work in the Age of AI
As a designer, your work is more than just what you create—it’s your vision, your brand, and your livelihood. But in today’s digital world, where AI can generate patterns, logos, and entire visual identities in seconds, questions about ownership and originality are becoming more complex.
Who owns a design created with the assistance of AI? Can an algorithm hold copyright? And what rights do designers have when their work is copied, manipulated, or even replaced by AI-generated alternatives?
At Sharon Givoni Consulting, we work closely with Australian designers to ensure they understand their rights and protect their intellectual property. While copyright protection in Australia is automatic, enforcing those rights can be challenging without proper legal safeguards. From licensing agreements and contract negotiation to tackling copyright infringement, we help designers protect and commercialise their work in an era where AI is reshaping the creative industry.
This blog explores how copyright law applies to Australian designers, why AI-generated content presents new legal challenges, and what steps you can take to safeguard your designs. Whether you work in fashion, branding, textiles, interiors, or digital design, understanding copyright is more important than ever.
Case Study: When a Designer’s Work is Copied
Consider a Melbourne-based textile designer who hand-paints intricate floral prints for homewares. After years of selling through high-end boutiques, she discovers that an overseas fast-fashion retailer has replicated her designs on mass-produced cushions. Without a registered trade mark or licensing agreements in place, enforcing her rights becomes an uphill battle. The question arises: does she have legal recourse under copyright law? The answer is yes—provided she can prove originality and ownership.
Stories like this highlight why it’s crucial for designers to take proactive steps in protecting their work before infringement occurs.
How Copyright Lawyers Help Designers
For designers, copyright is more than just a legal safeguard—it’s what allows them to maintain creative control over their work and generate income from their designs. While copyright in Australia applies automatically, enforcing it requires proactive measures. Designers often face challenges with licensing, unauthorised reproduction, contract disputes, and the rapid growth of AI-generated design content.
A strong copyright strategy involves understanding your rights, ensuring fair contracts, and taking action against infringement. This means:
- Knowing what copyright protects and how to prove ownership in case of disputes.
- Having contracts that ensure you retain control over your work.
- Reviewing licensing and publishing agreements to avoid unfair terms.
- Taking steps to enforce copyright if someone uses your work without permission.
- Understanding the risks of AI-generated content and how it affects copyright protection.
- Ensuring proper attribution and protecting against modifications that could harm your reputation.
- Monetising creative assets through licensing, royalties, and franchising opportunities.
As AI reshapes the design industry, legal protection is more important than ever. Designers must be proactive in safeguarding their work, whether it’s shared online, showcased in exhibitions, or sold to global clients. With the right legal knowledge and contracts in place, designers can continue to innovate without fear of losing control over their creations.
Who Is Affected?
Designers at risk from AI disruption include:
- Fashion designers (AI-generated textiles and patterns are increasing in popularity).
- Graphic designers (AI can generate branding, packaging, and marketing materials).
- Interior designers (AI-generated room mock-ups and visualisations are becoming widespread).
- Digital designers (AI tools are being used to create layouts, websites, and user interfaces).
- Product designers (AI-generated product concepts and packaging designs are emerging).
As AI tools become more sophisticated, designers need to be aware of their rights and legal options to ensure their work remains protected.
Understanding Copyright Law in Australia
Unlike trade mark or patent protection, copyright protection in Australia is automatic—there is no need to register your design. Copyright applies to original works that meet the following criteria:
- Originality – The design must be independently created and show a sufficient level of creativity.
- Authorship – The work must be created by a human, not AI.
- Material Form – The work must be recorded in some way (e.g., sketched, printed, digitally rendered).
Once these conditions are met, Australian copyright law automatically applies, protecting the creator’s rights, including reproduction, distribution, and adaptation of the work. Read our short guide to copyright law here – https://sharongivoni.com.au/short-guide-copyright-law-australia/
What Does ‘Originality’ Mean for Designers?
The concept of originality is critical in copyright protection. Australian courts have ruled that originality does not require a work to be completely unique—it simply must not be copied from another source and must involve independent effort.
How This Relates to AI and Copyright
AI-generated designs face similar challenges—while AI can organise, generate, and replicate visual content, it lacks human authorship and creative intent. Just as the court in Telstra v Phone Directories found that mechanical compilation was not enough for copyright, AI-generated designs may not qualify as original because they are derived from existing data rather than true artistic input.
For designers using AI, this case serves as a caution: if your work is entirely AI-generated, it may not be protected by copyright. To ensure copyright protection, human authorship and creative input must be evident in the final work.
Final Thoughts: Protecting Your Work in the AI Era
For Australian designers, copyright law remains an essential safeguard against misuse and unauthorised reproduction. However, with the rise of AI, ensuring your work is protected has become more complex than ever.
At Sharon Givoni Consulting, we are dedicated to helping designers navigate these challenges by providing expert legal advice on copyright protection, contracts, licensing, and AI-related risks.
Would you like us to assist with reviewing contracts, licensing agreements, or potential copyright disputes? Get in touch with Sharon Givoni Consulting today.
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.