Skip to main content
Participant
February 17, 2025
Answered

Photoshop Beta Generative Fill Commercial Use Problem

  • February 17, 2025
  • 2 replies
  • 750 views

I have used Photoshop Beta Generative AI to generate some of my Game assets without knowing it is non-commercial. Since I will use these asset for commercial purpose, I need to know could adobe cause any problem with this issue . 

However I need to explain few things about my assets creation. I did not use these asset raw and I have made a lot of process on to asset manually.

For example I have made an sword asset with generative AI for my custom character; 
1) I have seperated my sword asset from Generative AI layer to different layer with select subject tool.
2) I have made some arrangement on this seperated sword layer manually and then I have copy this layer to another psb file., which is my character walking animation psb file.
3) Since I am making Frame by Frame animation, I give this sword to every character walking frames and combined my character and sword layers into one. Then import this psb file to Unity.

The thing I wonder, After all this process could adobe understand my sword is created with Photoshop Beta Generative AI and cause me any problem since I will use this commercial purpose. 

I also look Content Credential Beta(I dont know, is this right tool to check my problem). When I check my walkingAnimation.psb file Prewiev does not say anything at Content summary.  
Other psb file that I have used generative AI says "This image combines multiple pieces of content. At least one generated with AI tool" at Content Summary.

How can I understand my file is proper for commercial use or not?

Please show me a way, I dont want to produce my assets again at photoshop. It will be waste of time for me.

Correct answer droopydog500

Hello @Omer316921405uzy,

 

Let's start with, just because what you used is labelled "beta", does not mean it cannot be used commercially (but it might mean they will not have indemification if your plan includes that).

 

The relevant quotes on whether beta versions can be used commercially are these quotes from Adobe documents:

However, if Adobe designates in the product or elsewhere that a beta version of a generative AI feature cannot be used commercially, then the generated outputs from that beta feature are for personal use only and cannot be used commercially.

Source: Adobe Generative AI User Guidelines 

Outputs from generative AI features without the beta label can be used commercially. Outputs from generative AI beta features can be used commercially unless otherwise designated in the product or elsewhere, but these outputs are not eligible for indemnification while in beta.

Source: Create with Firefly generative AI. 

Outputs from beta features can be used commercially unless otherwise designated in the product or elsewhere, but they aren't eligible for indemnification while in beta.

Source: Create in new ways with generative AI powered by Adobe Firefly 

 

I have heard people say, "if it is beta, it cannot be used commercially". I do not agree that is what these say. I believe they say, "if it is beta, you can use commercially unless we specifically say you cannot, but in any case, beta versions are not eligible for indemnification."

 

So it gets back to, did the beta version of photoshop you used specifically say GenAI features could not be used commercially?  I have not tracked the beta versions specifically on that issue.


My best,
    droopy

2 replies

Participant
March 14, 2025

why cannot generative fill working

 

droopydog500
Community Manager
droopydog500Community ManagerCorrect answer
Community Manager
February 17, 2025

Hello @Omer316921405uzy,

 

Let's start with, just because what you used is labelled "beta", does not mean it cannot be used commercially (but it might mean they will not have indemification if your plan includes that).

 

The relevant quotes on whether beta versions can be used commercially are these quotes from Adobe documents:

However, if Adobe designates in the product or elsewhere that a beta version of a generative AI feature cannot be used commercially, then the generated outputs from that beta feature are for personal use only and cannot be used commercially.

Source: Adobe Generative AI User Guidelines 

Outputs from generative AI features without the beta label can be used commercially. Outputs from generative AI beta features can be used commercially unless otherwise designated in the product or elsewhere, but these outputs are not eligible for indemnification while in beta.

Source: Create with Firefly generative AI. 

Outputs from beta features can be used commercially unless otherwise designated in the product or elsewhere, but they aren't eligible for indemnification while in beta.

Source: Create in new ways with generative AI powered by Adobe Firefly 

 

I have heard people say, "if it is beta, it cannot be used commercially". I do not agree that is what these say. I believe they say, "if it is beta, you can use commercially unless we specifically say you cannot, but in any case, beta versions are not eligible for indemnification."

 

So it gets back to, did the beta version of photoshop you used specifically say GenAI features could not be used commercially?  I have not tracked the beta versions specifically on that issue.


My best,
    droopy

Adobe Community Expert (not an Adobe employee)
Participant
February 17, 2025

Thank you @droopydog500 , I get confused because of another discussion post. I attach those posts as Png files. Please check it. But as far as I can understand from what you said, I can use my assets for commercial purposes unless adobe says "this photoshop beta version can not be use for commercial purposes".

By the way, is there a way to check whether my Photoshop file can be used commercially or not? If you know, could you tell me?
Have a good day

droopydog500
Community Manager
Community Manager
February 17, 2025

I have seen those posts and acknowledge this issue has been confusing. I believe my answer is the correct one.

 

I do not know if it is possible to take images and reverse engineer if they were edited by a version of Photoshop that could be used for commercial use. I think it illustrates the importance of documenting that when edits are made if you are using a beta version.

 

The one thing I usually say and did not say in this thread yet: you are asking a question with legal implications. We obviously cannot provide legal advice here in the forums. If you have to make a commercial decision based on this issue, you might wish to seek advise of your legal counsel.

 

    droopy

Adobe Community Expert (not an Adobe employee)