Legal security when using reference images (structure and style): What is allowed?

[Micha5CD5]

Dear Firefly-community,

I have a question when it comes to using reference images in Adobe Firefly. Am I legally allowed to upload images purchased by me from Adobe Stock into Firefly and use them as reference images for the structure or style? Am I allowed to generate new images inspired by these reference images? And may I then use the images generated in this way commercially, e.g. as book covers, music album covers etc.?

I am asking this because I want to be absolutely sure that I am not infringing any copyrights.

P.S.: Since I know, it is NOT allowed to google pictures and use them as reference images in Firefly. But my question aims on purchased images from Adobe Stock.

Thank you!

[droopydog500 · Accepted solution]

You should consult legal counsel if you need legal advice to make a business decision. The licensing terms for Adobe Stock are documented in: Adobe Stock license information and here: Adobe Stock Additional Terms.

I cannot advise you, but if I was deciding the question for myself, as long as the resulting Firefly image was not used in a way that violated the Adobe Stock licence agreement, I would not be concerned.

[Micha5CD5]

Thanks for your answer! I think the same but I hoped for an Adobe official to come by and give an answer. If they offer such a product AND say that it is for commercial use (I read the licensing terms before I posted this) THEN I expect them to clarify on such questions. So my questions is still on...

[Jill_C]

You're unlikely to get a response from anyone at Adobe, other than to steer you towards the License Agreement. The License does says that each of the Licenses (Standard, Enhanced and Extended) allows you to modify the asset in order to incorporate it into your designs.

[synthetick]

Images licensed from Adobe Stock are not permitted to use it for any AI purpose: "You must not:.. use the Stock Assets.. for any.. machine learning or artifical intelligence purposes." https://wwwimages2.adobe.com/content/dam/cc/en/legal/servicetou/Stock-Additional-Terms-en_US-2020061...

[droopydog500]

Would be good to have someone from Adobe weigh in, but I suspect this is not intended to apply to Firefly. More for other AI services or building/training your own models.

     droopy

[Jill_C]

There is a more recent version of the license agreement (Dec 2022) but the wording regarding AI is still there though reworded a bit. I would not assume that it doesn't apply to Firefly since that is not specifically stated.

https://wwwimages2.adobe.com/content/dam/cc/en/legal/servicetou/Stock-Additional-Terms_en_US_2022120...

[Micha5CD5]

I don't think so and I agree with the statement above yours: I think Adobe doesn't want us to use Adobe pictures to train OTHER AIs but I think this is not applicable to Firefly. And you know why?
1.) Because Adobe uses Adobe pictures itself to train Firefly.
2.) When I buy an Adobe picture I'm free to use it for nearly everything, even book covers, commercial plaques and more. So why not use it in Firefly as a structure or style reference for an idea that I have.

[Jill_C]

The Adobe Firefly Terms of Use are quite clear on this topic; see the boldface text below.

4. Be Respectful of Third-Party Rights

Using Adobe’s generative AI features to create, upload, or share content that violates third-party copyright, trademark, privacy, publicity, or other rights is prohibited. This may include, but is not limited to, entering text prompts designed to generate copyrighted, trademarked, or otherwise infringing content, uploading an input or reference image that includes a third party’s copyrighted content, generating text that plagiarizes third-party content, or using a third party’s personal information in violation of their privacy or data protection rights. If you’re not sure whether your content violates the rights of a third party, you may want to reach out to an attorney or consult publicly available reference materials at the following:

• U.S. Copyright Office
• U.S. Patent & Trademark Office
• Lumen

[Micha5CD5]

Hi Jill_C,
thanks for the reply. I think we all got that here: Don't upload e.g. a guy with a light sabor fighting a dark lord on some kind of space station... you know what I mean. 😉 But this was not the discussion. When I buy a picture at Adobe Stock - I DO OWN THE RIGHTS to use it for commercial cases (all but the ones that are marked as "editorial use only"), change it, remix it and so on. That's the point of buying a picture.
I'm sure that this includes using that picture as a style reference in Firefly. Because I don't violate any third party rights when I e.g. upload a dark fantasy theme to produce another dark fantasy theme with different figures.

[Jill_C]

The only way you can interpret the following statement is that you ARE NOT ALLOWED to use an image created by someone else as a reference image. 
This may include, but is not limited to, entering text prompts designed to generate copyrighted, trademarked, or otherwise infringing content, uploading an input or reference image that includes a third party’s copyrighted content,

[Micha5CD5]

I disagree. How could a graphics designer then use this function available in Firefly to create pictures of a certain style, if he has to own all rights? Say, if he wants to have a comic style car. Which kind of pictures could he use to create this style, if not pictures he bought on platforms like Adobe Stock? This would require him to draw the style he needs completely by himself so that he owns all rights 100% from the very start. This is just not possible.

Sorry, but this interpretation just doesn't make sense to me. I read it that you are not allowed to use copyrighted material such as stuff from Disney, Star Wars, Marvel or others or even pictures that you googled. But it does not apply to Adobe Stock material that you bought. If this is the case I highly recommend Adobe to say it clearly.

[Micha5CD5]

Ok, so I called the Adobe Team in Germany today and they told me on the phone - after consulting internally - that you are allowed to use purchased Adobe Stock images as structure models and style models in Adobe Firefly (= AI). They said, that the terms of agreement of Adobe Stock clearly state that you are allowed to use purchased material for creative projects which includes AIprojects. But I want to add that they also told me to that they can't give me legal advice, this could only do a laywer. I understand this but it sounds also funny to me, because when Adobe sells you material they really should know what you are allowed to do WITH THEIR OWN TOOLS. 😉 But at least they gave me an answer to build upon.

[shannonl77782845]

My agency has a Getty subscription. We legally are allowed to use the photos we download from our stock subscription service. Any thoughts on whether we would we be able to upload those to Firefly for reference?

[droopydog500]

Adobe says you can upload images you have the rights to use. But if you are asking an intellectual property question to make a commercial decision, ask your legal counsel.

    droopy

[shannonl77782845]

Thank you!

[Jill_C]

You cannot use an asset as a reference image which is not an asset to which you own the copyright. You don't acquire the copyright when you license an asset from ANY stock agency. Copyright is always retained by the original creator, unless that creator specifically relinguishes it to you.

[droopydog500]

@shannonl77782845, this is why you should consult legal counsel. I am not a lawyer and I am not sure if @Jill_C (whom I have great respect for) is or not (if she is, she is probably not your lawyer) and although we are both experts here, we disagree. So, do not take our word for it—consult your legal counsel.

    droopy

[Jill_C]

Adobe Firefly Terms of use, clause 2.

"2. Input. You are solely responsible for your Input. You must not submit any Input that: (a) includes trademarks
or other materials protected by third-party Intellectual Property Rights, unless you have sufficient rights in
such materials; (b) is intended to generate Output that is substantially similar to a third party’s copyrighted
work or is otherwise protected by third-party Intellectual Property Rights, unless you have sufficient rights in
such work; (c) contains personal information unless you comply with all data protection and privacy laws and
regulations applicable to the personal information, including providing privacy notices and obtaining consent,
where required; (d) violates applicable law; or (e) violates the Terms. We may automatically block your Input,
in our sole discretion, if we believe it violates the rights of a third party, applicable law, or the Terms."

I agree with @droopydog500 that consulting with an attorney might be a good idea to understand what "sufficient rights" means.