61 ACID From digital surface pattern generators to AI-assisted illustration, artificial intelligence (AI) is quickly becoming a creative partner, or competitor, for many in the giftware sector. While these tools offer exciting new efficiencies and ideas, they’re also raising big questions around originality, authorship, and ownership in design-led industries. As AI-generated content floods online platforms, the line between human and machine-made creativity is blurring. For giftware designers, makers, and brands, this has real implications, not just creatively, but commercially and legally. Can you protect AI-generated designs? Under current UK intellectual property (IP) law, protection is only granted to works created by human authors. That means if a designer inputs a few prompts into a generative AI tool and receives a surface pattern, product concept or even packaging copy, that output may not be eligible for copyright or design protection. Equally concerning, if AI tools are trained on millions of existing works, many without consent, the outputs may closely mimic the styles, motifs or colourways of living artists and makers. This raises serious ethical and legal questions, especially when originality is the hallmark of the giftware trade. Where IP law stands now: the data (use and access) bill and its impact In June 2025, after an unprecedented ‘ping-pong’ battle between the House of Lords and the House of Commons, the UK Government passed the Data (Use and Access) Bill, which introduces positive safeguards around data use and access. However, the creative industries have expressed deep concern about what the Bill omits, i.e., transparency and recompense for copyright content. In its current form, the Bill allows tech companies to continue “data scraping” copyrighted works to train AI systems – without attribution, transparency, or compensation. This means AI developers can continue harvesting the intellectual contributions of artists, designers, writers and musicians, amongst many, at an exponential scale, potentially undermining entire creative sectors. While this represents a profound loss for UK creators, Secretary of State Peter Kyle MP has committed to: • Conducting a binding economic impact assessment within one year of the Bill’s enactment; • Publishing follow-up reports on licensing, transparency, and data usage; • Remaining open to “all options” for future regulation, signalling that the Government may eventually move beyond the current “opt-out” model. As ACID Ambassador Lord Clement-Jones, CBE., stated in a recent New Statesman article, “The goal isn’t whether to regulate AI, but how to regulate it – promoting both innovation and responsibility. We need principles-based rather than overly prescriptive regulation, assessing risk and emphasising transparency and accountability without stifling creativity.” Make it FAIR: A united creative industry response In response, Anti Copying In Design (ACID) has joined forces with the Creative Rights in AI Coalition, an impressive group of creative organisations whose “Make It FAIR” campaign has had a significant impact. Together, they are calling for a transparent, ethical, and legally balanced IP framework for AI, one that protects human originality, whilst balancing ethical tech innovation. ACID continues to engage directly with policymakers, calling for stronger safeguards against unchecked data scraping and design theft. Our message is clear: creativity must not be compromised in the race to adopt AI. As part of this work, ACID encourages individuals, designers, and businesses to sign the ACID IP & AI Charter, a voluntary set of principles encouraging ethical IP and AI use, respect for original work, and transparency. This is a fantastic opportunity for businesses, brands, and designers to publicly publish their stance for responsible innovation. What should giftware businesses do now? While legislative change may take time, giftware businesses can act now: • Avoid uploading original work into AI tools that may be har vested for training; • Document your design journey, from sketches to final product, to demonstrate authorship. This is where the ACID IP Databank is an invaluable tool for a certified audit trail; • Check usage rights when commissioning or using AIgenerated content; • Align with ethical standards similar to the ACID IP & AI Charter and support creators’ rights; • Use AI with discernment and caution, not all data scraped content is accurate. In a sector defined by creativity, craftsmanship and distinctiveness, the integrity of human-made design must remain at the core. AI can enhance the giftware world but only if it’s used responsibly, transparently, and with respect for the people behind the products. AI, art and ownership Faith Capstick, Social Media & Communications Executive of ACID, looks at what Generative AI means for the giftware world To find out more, visit www.acid.uk.com
RkJQdWJsaXNoZXIy MTA0NTE=