Using AI Tools Ethically in My Web Design Business
How can we ethically use AI tools in our website design practice? We collaborated with IP lawyer Ivy of Canary and Hedge to help us better navigate this new landscape.
Using AI Tools Ethically in My Web Design Business
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Introduction
When I first started exploring AI tools in my web design practice, I felt like I was walking through uncharted territory. Should I tell my clients? What about copyright? These questions kept popping up, and I knew I needed clear answers—not just for myself, but for my entire design process.
After developing Copyspark (my AI-powered website content tool) and also witnessing how AI features are becoming built right into our everyday design tools—I've learned that ethical implementation is an ongoing journey. While there's still much uncertainty in this space, I've found that focusing on building trust with clients while delivering exceptional value helps guide the way. Let me share what I've discovered so far on this path.
Understanding AI-Assisted vs. AI-Generated
One of the first things that helped me navigate this uncertain landscape was understanding the difference between AI-assisted and AI-generated content. This distinction has become my framework for evaluating how I use AI in my work and ensuring I'm being ethical in my approach.
AI-Assisted Work (My Go-To Approach):
Using AI to enhance my existing design process
Maintaining creative direction and substantial editing
Treating AI as a tool, not the artist
Here are the exact examples the US Copyright Office considers minimal AI use:
Technical Support: Using AI for spell-checking, formatting text, or generating page numbers
Basic Photo Edits: AI assistance for sharpening images or adjusting lighting
Brainstorming: Using AI to generate ideas that you later develop into original content
Simple Text: Using AI for titles, short phrases, or names
Video Editing: Using AI to blur faces or duplicate minor edits across frames
AI-Generated Content (Requires More Careful Handling):
Content created primarily by AI
Limited human input beyond prompts
Needs clear documentation and client communication
The Copyright Office calls these "appreciable" AI contributions. Here's what they specifically include:
Visual Elements: Using AI to create background elements or illustrations
Substantial Text: Having AI generate significant portions of written content
Language Work: Using AI to translate copyrightable content
Video/Film: Using AI for backgrounds or special effects that would be independently copyrightable
Audio Elements: AI-generated music or sound effects that would qualify for copyright protection
The Copyright Office emphasizes there's no strict percentage rule (like "10% AI is okay"). The key question to ask yourself is: "Would the AI-generated material, standing on its own, qualify for copyright protection if it had been created by a human?" If yes, it needs to be disclosed.
My Personal Takeaway
While these examples help clarify the legal boundaries, I've found it's best to err on the side of caution and transparency. Even when using AI in ways that don't require disclosure, I maintain clear documentation of my process and communicate openly with clients about how AI tools enhance (but don't replace) my professional expertise.
Setting Clear Client Expectations
Remember that client who asks you if you use AI in your work? Instead of dancing around the topic, I've found that transparency builds trust.
When clients understand how AI enhances (not replaces) my creative process, they're often more excited about the possibilities.
But how do we actually put this transparency into practice? Thanks to my Intellectual Property Lawyer, Ivy of Canary and Hedge, I've implemented the following steps along with the exact clauses generously provided by Ivy that you can consider adapting for your own practice:
1 | Getting Started: Clear Communication in Proposals
Before we even talk contracts, I make sure my proposals set the right expectations. Here's what I include:
Explicitly mention which aspects of the project may involve AI tools
Explain how these tools enhance rather than replace human creativity
Outline the review and refinement process for AI-generated content
2 | Making It Official: Contract Language That Protects Everyone
In my service agreements or contracts,
Include specific clauses about AI usage
Clearly define what constitutes AI-assisted work
Maintain transparency about the editing and oversight process
3 | Covering All Bases: Website Policies
To maintain consistency across all client touch points, I've updated my website policies too. Here are the exact clauses I use:
Terms and Conditions
Include clear disclaimers about AI usage
Specify ownership rights for AI-assisted work
Address privacy considerations related to AI tools
Privacy Policy
Update your privacy policy to reflect any AI tool usage
Clearly explain how client data is protected
Address any data processing related to AI tools
Best Practices for Ethical AI Implementation
Here are some best practices to consider:
1. Verify the AI Tools
Before using any AI tool in the design process:
Review the terms and conditions thoroughly
Understand the ownership rights of AI-generated content
Verify how the AI was trained and what data sources were used
Only use AI tools that can confirm proper licensing and rights
2. Document the Process
Maintain clear records of:
Your creative input and decision-making
Which elements were AI-assisted vs. purely human-created
Any modifications made to AI-generated content
Client approvals and feedback
The extent of AI usage in each deliverable (e.g., whether AI was used for minor enhancements or more substantial contributions)
Your review and editing process for any AI-assisted content
3. Protect Intellectual Property
When using AI tools, consider these important steps:
Review the terms of service for each AI tool you use
Understand the ownership rights of AI-generated content
Keep records of how AI tools are used in each project
Ensure your website's terms and conditions address AI usage
Looking Ahead
While AI tools can enhance our workflow, they should never overshadow the human element of web design. Your unique creativity, experience, and understanding of client needs remain the cornerstone of successful web design projects.
As AI continues to evolve, I'm excited about the possibilities it brings to web design. But I'm even more excited about how we as designers can shape its ethical implementation in our industry.
Note: While I aim to share helpful insights from my experience, remember that AI regulations and best practices continue to evolve. For specific legal guidance, always consult with qualified professionals who can address your unique situation.
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