Intellectual Property in the AI Era: Copyright, Design, and Arts Protection

In an age where artificial intelligence (AI) is revolutionising creative industries, the intersection of technology and intellectual property (IP) law has never been more complex. From AI-generated artworks that mimic human styles to algorithmic designs reshaping fashion and media, creators, businesses, and innovators face unprecedented challenges in safeguarding their rights.

Lawyer Adrian Halkes stands at the forefront of this evolving field. His expertise in IP law, combined with insights into legal technology and AI’s impact on the profession, positions him as a key guide for navigating these turbulent waters.

Halkes, an outcomes-focused strategist, has long been involved in Hong Kong’s dynamic legal landscape, advising on areas including IP, liquor licensing, environmental law, occupational health and safety, and criminal defence. His forward-thinking approach is evident in discussions on how AI disrupts traditional legal roles, emphasising the need for strategic thinking over rote memorisation in an era where large language models (LLMs) outperform manual research and in tasks like drafting, graphics and music creation. As AI tools become integral to creative processes, Halkes’ blend of practical experience and innovative mindset helps clients protect their intellectual assets while adapting to technological shifts.

The Evolving Landscape of IP in the AI Era

AI’s role in generating content—from visual arts and designs to music and literature—has blurred the lines of traditional IP frameworks. Copyright law, originally designed to protect human creativity, now grapples with questions of authorship, ownership, and infringement in works assisted by machines. In jurisdictions like the United States, the Copyright Office has ruled that purely AI-generated content lacks the human authorship required for protection; however, works with significant human input (such as selection, arrangement, or modification) may qualify for partial protection. Similar principles apply globally, including in Hong Kong, where IP laws align with international treaties like the Berne Convention, but local nuances—such as those influenced by China’s evolving AI regulations—add layers of complexity.

For artists and designers, AI offers tools to enhance productivity, but it also introduces risks. Generative AI models, trained on vast datasets often scraped from the internet without permission, can replicate styles or produce derivative works that infringe on existing copyrights. This has sparked high-profile lawsuits, with artists alleging unfair competition, reputational harm, and massive-scale infringement. In the arts sector, where emotional and cultural value underpin creations, these developments can erode creators’ livelihoods and stifle innovation if not addressed.

Salient Pitfalls in AI-Driven Copyright, Design, and Arts Protection

Navigating AI’s IP implications requires awareness of several critical pitfalls. Halkes, drawing from his strategic legal perspective, highlights the need for proactive measures to avoid these traps:

1. Ownership and Authorship Ambiguities: Who owns an AI-generated artwork or design? If the output stems solely from a prompt, it may not be copyrightable, leaving it in the public domain and vulnerable to exploitation. Artists must demonstrate meaningful human contribution—such as iterative refinements or conceptual input—to secure protection. In Hong Kong, where IP registration is straightforward but enforcement relies on proving originality, this can lead to disputes over “human vs. machine” creativity.
2. Infringement Risks from Training Data: Many AI systems are built on datasets including copyrighted materials, raising ethical and legal concerns about unauthorised use. Creators may find their styles mimicked without consent, diluting their market value. For instance, prompting an AI to produce art “in the style of” a specific artist can constitute indirect infringement, yet current laws lag in addressing this at scale. Design professionals face similar issues, as AI-generated patterns or products could inadvertently copy-protected industrial designs.
3. Fair Use and Ethical Dilemmas: AI developers often invoke fair use defences for training purposes, but this is contested, especially when outputs flood markets and undercut original creators. In the arts, this can lead to a “power imbalance” where tech giants control what content is valued, marginalising diverse voices. Additionally, over-reliance on AI might sterilise creative processes, depriving artists of learning from errors and fostering homogenised outputs.
4. International and Jurisdictional Challenges: With AI tools operating globally, conflicts arise between regions. Hong Kong’s IP regime, bolstered by its common law system and proximity to mainland China’s tech hubs, offers robust enforcement mechanisms, but cross-border disputes—such as those involving U.S.-based AI platforms—require nuanced strategies.

These pitfalls not only threaten financial stability but can also impact artists’ emotional well-being, potentially reducing motivation and productivity if rights feel unprotected.

How Adrian Halkes Helps Clients Navigate These Challenges

Adrian Halkes excels in turning complex legal hurdles into strategic opportunities. As a barrister with a deep understanding of Hong Kong’s legal ecosystem, he assists clients—from individual artists and designers to tech startups and creative agencies—in several key ways:

• Customised IP Strategies: Halkes advises on registering copyrights, trademarks, and designs in Hong Kong and internationally, ensuring human elements are documented to withstand AI-related scrutiny. He helps creators integrate AI tools ethically, maximising protection while minimising risks.
• Risk Mitigation and Dispute Resolution: Drawing on his experience in criminal defence and commercial law, he guides clients through infringement claims, including opt-out provisions from major AI models or deploying technological safeguards like image-modifying tools to prevent style scraping. His strategic mindset—honed by insights into AI’s disruptive potential—enables proactive audits of AI usage to avoid costly litigation.
• Advocacy in Emerging Areas: In crypto and digital arts, Halkes leverages his expertise to protect NFT-based works, addressing ownership in blockchain-AI hybrids. For arts advocacy, he emphasises building resilient contracts that account for AI-generated derivatives, fostering innovation without compromising rights.
• Educational and Forward-Looking Guidance: Echoing his views on AI transforming legal education toward strategy and persuasion, Halkes empowers clients with knowledge on policy shifts, such as calls for updated copyright laws to handle AI. His approach ensures businesses and creators not only comply but thrive in the AI era.

Looking Ahead: Securing Creativity in a Digital World

As AI continues to reshape copyright, design, and arts protection, the need for expert navigation is paramount. Adrian Halkes’ unique blend of traditional legal acumen and tech-savvy insight makes him an invaluable ally for those facing these challenges in Hong Kong and beyond. Whether you’re an artist safeguarding your style, a designer patenting AI-assisted innovations, or a business integrating generative tools, his outcomes-driven counsel can help mitigate pitfalls and unlock potential.