5 Ways to Protect Your IP in the Age of AI Design

Protect Your IP in the Age of AI Design

March 05, 2025‍

Let's talk about something that's been on every designer's mind lately: who actually owns AI-generated designs? If you're like us at CerealMilkSpoon, you're excited about how AI is supercharging creativity, but you probably have questions about intellectual property rights.

Remember our philosophy: good, fast, AND affordable is possible in modern design. But to make this work, you need to protect your creations. Here's our practical guide to securing your IP in the AI era.

1. Map Out AI's Role in Your Design Process
Just like we track how our ATELIER platform integrates into our workflow, you should document exactly how AI tools fit into yours.
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‍What to track:
- Which AI tools are you using? (Names, versions, providers)
- What are you feeding into them? (Prompts, settings, data sources)
- What are they spitting out? (Design outputs, variations)
- Where in your process are you using them?
- How are you handling your data?

This isn't just busywork—it's setting the foundation for your IP protection. The U.S. Copyright Office won't protect purely AI-generated content, but they will protect human-directed work. That's why you need to document your creative input.

‍Pro tip: Take screenshots of your prompts, keep logs of your edits, and save records of each design iteration. The Beijing Internet Court has actually recognized user inputs and parameter settings as proof of human creativity!
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2. Update Your Legal Agreements for the AI Era
After mapping out how you use AI, it's time to make sure your contracts reflect this new reality.
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‍For client contracts, make sure to cover:
- Clear definitions of AI-related terms
- Who owns what (inputs, outputs, derivatives)
- How AI tools can and cannot be used
- Who can register copyrights or patents
- Who's responsible if something goes wrong

As OpenAI states in their terms: "As between you and OpenAI, and to the extent permitted by applicable law, you retain your ownership rights in input and own the output."

‍For your team members and contractors:
- Update employment agreements to clarify ownership of AI-assisted work
- Specify which AI platforms are approved and how data should be handled
- Provide guidelines on open source usage
- Include liability protections

The human touch remains central to our process at CerealMilkSpoon, and your legal agreements should reflect that same philosophy—AI enhances human creativity but doesn't replace it.

"Applicants should not list an AI technology or the company that provided it as an author or co-author simply because they used it when creating their work."
- The U.S. Copyright Office

3. Keep Clear Records of Your Design Process
‍Just as we carefully document how our human designers enhance AI-generated concepts, you should maintain detailed records of your creative process.

‍Document everything about your AI settings:
- Tool versions and key features
- Where your data came from
- How it was processed
- Output settings and parameters
- License terms

But the most important part? Track how your human team transforms those initial AI outputs into something special. Use version control to record:
- When changes were made
- Who made them
- What was changed and why
- How the design evolved over time

This documentation isn't just good practice—it's your evidence of human creativity, which is essential for IP protection.

4. Secure Your Design Assets
With 55% of generative AI inputs containing sensitive data, protecting your designs is non-negotiable.

‍Here's how to keep your design data safe:
‍First, adopt a zero-trust security approach—verify everyone and everything before granting access. Layer your protection with encryption, strict access controls, and regular security updates.

Many organizations still lack formal AI policies, leaving them vulnerable. Don't make that mistake! Implement clear data handling protocols and sanitize your inputs with validation, masking, and regular security audits.

‍The trade secret advantage:
‍Unlike patents that eventually expire, trade secrets can protect your AI-assisted designs indefinitely if managed properly. To leverage this protection:
- Use confidentiality agreements and NDAs
- Limit access to those who truly need it
- Monitor activity with logging systems
- Store everything securely with encryption

At CerealMilkSpoon, we see security as an enabler of innovation, not a barrier. When your assets are protected, you can push boundaries with confidence.
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5. File Patents and Copyrights Strategically
When it comes time to formally protect your designs, remember that human creativity is still the cornerstone of IP law.

‍For design patents:
‍The USPTO allows patents for AI-assisted inventions, but only when there's meaningful human involvement. Document your team's contributions in detail and emphasize how human creativity guided the development process.

Consider holding "patent mining" sessions before product launches, where your technical team can identify potentially patentable features. AI tools can help spot opportunities and draft preliminary filings, but human oversight remains essential.

‍For copyright protection:
‍Copyright law is still catching up to AI, but the current rule is clear: only human-created elements qualify. Here's how copyright applies to different design scenarios:
- Pure AI-generated content? No copyright protection.
- Human-AI collaboration? Partial protection for human contributions.
- Human-modified AI output? Full protection if you can show original arrangement or significant changes.

A telling example is the Copyright Office's decision on "Zarya of the Dawn," where they protected only the human-authored text and arrangement while excluding Midjourney-created images.

To maximize your copyright protection:
- Clearly separate human-created elements from AI-generated ones
- Register your work within three months of public release
- Confirm your commercial usage rights for AI tools
- Document how human decisions shaped the final design

Moving Forward: Stay Flexible, Stay Protected
As we like to say at CerealMilkSpoon, the old rules are changing. Just as we've broken the "good, fast, affordable—pick two" triangle in design, the legal landscape around AI and IP is evolving too.

Stay informed about legislative changes using resources like Steptoe's AI Legislative Tracker. Tailor your approach based on your company's size and goals:
- Large companies: Focus on cross-licensing opportunities
- Mid-sized businesses: Build a portfolio that protects you during acquisitions
- Startups: Establish a solid IP foundation from day one

With a strong IP framework in place—covering mapping, legal updates, record keeping, asset security, and strategic filings—you can enjoy all the benefits of AI-enhanced design while keeping your creative assets secure.

At CerealMilkSpoon, we believe that human expertise enhanced by AI capabilities represents the future of design. By protecting your intellectual property properly, you ensure that future remains bright, innovative, and uniquely yours.

"If a machine and a human work together, but you can separate what each of them has done, then [copyright] will only focus on the human part."
- Daniel Gervais, professor at Vanderbilt Law School

Want to learn how our ATELIER platform can accelerate your design process while maintaining your IP security? Let's talk about how we can help bring your vision to life—faster, better, and more efficiently than traditional methods, all while keeping your intellectual property fully protected.