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brunob89256439
Participant
November 11, 2022
Answered

REJECTED - Intelectual property ?

  • November 11, 2022
  • 5 replies
  • 449 views

Hello guys! What are your thoughts about this illustration?

This topic has been closed for replies.
Correct answer Abambo

You need either to submit a model release (if the person is real) or a property release, if the person is not modeled after a living or dead person. With the property release, you sign for both, owner and artist. You need to include a note, that you did not model the person after a real person.

 

If the asset is an AI created asset, you may not be able to claim copyright. Users are bound by their licence agreement. However, if they are in breach, you would have difficulties to prove ownership, if the work is not copyrightable.

5 replies

Henrik Heigl
Community Expert
Henrik HeiglCommunity Expert
Community Expert
November 22, 2022

Hi,

 

as already mentioned by previous speakers it looks like it CAN be a Person that is well known and then you need a Release. Also if you check the Image on images.google.com it looks like there are many similar Photos out there with the same style. If you can clear that things within the proper Release Form all should be Ok. Hope that helps.

regards,Henrik
thekohlervillager
thekohlervillager
Known Participant
November 22, 2022

My guess is it looks too much like Lady GaGa. 

Jill_C
Community Expert
Jill_CCommunity Expert
Community Expert
November 13, 2022

It seems blurry and too tightly cropped (particularly the top of her head). It is also obviously modeled after a popular living celebrity, and it seems unlikely that you'll get a model release from her !

Jill C., Forum Volunteer
    Abambo
    Community Expert
    AbamboCommunity Expert
    Community Expert
    November 13, 2022

    That's the problem with AI. Artificial Intelligence does not come out of the blue, but creates work by analyzing millions of other work and copying style and content. 

     

    As of the copyright issue, I know that German copyright law requests a creative process for doing copyrightable art. With photography, this is handled gracefully in favour of the photographer, so that most of the photographs are considered copyrightable. This is, however, not the case for a simple descriptive AI work, like: woman, blonde, colourful.

    ABAMBO | Hard- and Software Engineer | Photographer
      Abambo
      Community Expert
      AbamboCommunity ExpertCorrect answer
      Community Expert
      November 11, 2022

      You need either to submit a model release (if the person is real) or a property release, if the person is not modeled after a living or dead person. With the property release, you sign for both, owner and artist. You need to include a note, that you did not model the person after a real person.

       

      If the asset is an AI created asset, you may not be able to claim copyright. Users are bound by their licence agreement. However, if they are in breach, you would have difficulties to prove ownership, if the work is not copyrightable.

      ABAMBO | Hard- and Software Engineer | Photographer
        Nancy OShea
        Community Expert
        Nancy OSheaCommunity Expert
        Community Expert
        November 11, 2022

        Did you create this yourself (no AI synthesis)?

        Did you submit a signed property release by you as the artist?

        https://helpx.adobe.com/stock/contributor/help/property-release.html

         

        Nancy O'Shea— Product User & Community Expert
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