The ethical challenges and dilemmas in design during the AI era
It was in 1962 when Ivan Sutherland, regarded as the father of computer graphics, invented Sketchpad—the pioneering interface that, using an optical pen, could draw images on a screen. This marked a significant milestone in the history of computer graphics, being the precursor of Computer-Aided Design (CAD) and a groundbreaking showcase of how software could assist in creating and refining designs. However, there’s a notable distinction compared to today’s AI-driven design landscape: back then, no one considered Sketchpad a threat to the work of designers. So, what has changed since then? As a branding agency in Barcelona and design professionals, at NOMON DESIGN, we persistently ponder over this question.
We believe the initial answer lies in the evolution of AI applied to design and its intended applications. In the 2010s, AI made a significant leap with the advent of deep neural networks, drawing inspiration from the structure and operations of the human brain. This technology underpins the primary AI tools used in design today, such as DALL·E, a generative model that crafts unique images from text descriptions; Runway ML, a platform enabling designers to employ pre-trained AI models for real-time interactive creations; as well as Midjourney, Leonardo AI, and GANs. All of these are adept at capturing increasingly abstract and intricate data representations.
In essence, they are all capable of creating and altering images, adapting to diverse stylistic possibilities, and generating ideas for Concept Art. Some designers believe these tools have the capacity to automate their work.
And so, here’s the second answer, building on our previous discussion – why we’re apprehensive about integrating AI into design.
With the ability to learn and execute processes, we fear it’s destined to surpass us, making our skills redundant. The alarm bells rang a year ago, in September 2022, when news surfaced that an artwork created by artificial intelligence had clinched the top spot in the digital art contest at the Colorado State Fair in the United States.
To be fair, the artist, Jason Allen, didn’t hide the fact. He explicitly stated that the artwork was produced using Midjourney. Considering it was a digital art competition – a category defined as ‘artistic practice using digital technology as part of the creative or presentation process’ – should we view Allen’s entry of an AI-generated piece as a breach of the rules? Is Midjourney, or any other AI tool for image creation, fundamentally different from what Photoshop once represented for graphic editing or a camera for image capture?
What seems crystal clear is that AI applied to design signifies a pivotal moment. It heralds a new era that challenges our understanding of authorship and creativity, posing a range of ethical hurdles in the design domain that warrant serious consideration.
What does appear evident is that AI in design represents a significant turning point. It introduces a new paradigm that has led us to question fundamental concepts such as authorship and creativity. It presents a series of challenges and ethical dilemmas within the realm of design that are worthy of careful consideration.
Who holds authorship over a design? AI and copyright rights
Currently, legal protection for the copyright of an AI-generated work isn’t recognised, as clarified by the United States Copyright Office (USCO). They still uphold the notion that a vital link between the human mind and creative expression is necessary for the existence of authorship rights.
But where exactly do the boundaries of this connection lie? The USCO has left a potential avenue open: copyright protection might be granted to an AI-generated work if there’s substantial evidence of human creative input leading to the final result. On the other hand, legislation in the United Kingdom — a trailblazer in this domain — does safeguard authorship rights for these creations, attributing these rights to the individuals, whether they are natural persons or legal entities, behind the involved machine.
Nevertheless, in practice, this also introduces new quandaries. The ‘prompt’—the specific instructions directing the AI in the image creation process—could emerge as the new defining value of the designer. But who actually owns a prompt? Might prompts end up being traded rather than the final designs?
Towards Collaborative Creativity
AI’s integration in design has now extended across all stages of the creation process: from generating ideas to producing a variety of content, be it verbal or visual. This notably streamlines and accelerates the designer’s tasks.
But does this automatically mean a complete substitution? At NOMON DESIGN, as design professionals based in Barcelona, we are confident it doesn’t.
Drawing from our background and expertise, we understand that the input of a design professional, with their judgement, sensitivity, and experience, remains absolutely essential in achieving an outstanding and unique result.
We believe that the human aspect of our work as designers is irreplaceable due to our ability to connect with our clients, crafting tailor-made projects that authentically mirror their individual and distinct personalities.
Through their empathy and emotional intelligence, analytical prowess, and intuitive understanding, a designer comprehends and interprets contexts and needs, establishing objectives, conceptualising, and applying them.
Furthermore, it’s only the designer who can discern the implicit biases within AI algorithms’ configurations. This prevents AI from becoming the sole arbiter, thus avoiding the homogenisation of designs.
In a landscape where AI enables immediate and limitless content creation, the designer’s role in producing genuinely personalised content becomes more critical than ever. The meticulous attention given to the creation process is what sets apart uniquely crafted content from mass-produced material. This certainty underpins our belief that AI cannot replace our innate ability to create.
We envision the future of design as a collaborative model that melds human creativity with the tools offered by AI.
This model not only necessitates a clear definition of how AI integrates into our creative processes but also demands a critical perspective.
Leveraging the latest technological advancements, it allows us to explore new and invigorating possibilities in the field of design, always prioritising responsibility and ethics—principles that define us as professionals and are fundamental values at NOMON DESIGN.
2023