Navigating Adobe's Terms for Commercial Use of AI-Generated Images . Request clarification

[SuperClara]

For commercial use of images, Adobe's terms of use state that: In general, you may use outputs from generative AI features commercially. 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.

Until some time ago (no more than 2 months ago), the full sentence indicated that the beta version could be used unless it was specifically stated not to use it. I deduce that there was a change in the terms of use, although I don't know since when, and in any case, this is really annoying. I had to abandon Microsoft Designer due to a change in the terms of use, and now also with Adobe, frankly, it is exasperating. Given the circumstances, I ask myself how to understand when the images are produced by a beta version. I use Adobe Express (I have a subscription that includes Photoshop) and I don't see anything indicated. Also, checking the credentials of the images I created in Adobe Express, the Adobe Content Authenticity Beta in an image tells me that the image created recorded the following info: App or device used: Adobe Express 1.0.0 - AI tool used: Adobe Firefly.

Are these images marketable or not? I don't understand anything anymore, and excuse the outburst, but if a dyslexic person gets lost in a maze of links and references to give simple information intended for millions of people, it means that the information given was provided inappropriately.

I hope to receive clarification. Thank you!

[droopydog500 · Accepted solution]

Hello @SuperClara,

Thank you for your message. I agree this can be hard to sort through.

I think this beta use language was clarified last year and I do not believe it has changed recently. It is confusing enough that I have heard people misapply and misinterpret it frequently. It would be nice if Adobe had a page that listed specific product versions that cannot be used commercially (which would remove most misinterpretations).

Currently, the images produced by the released versions of Adobe Express and Firely can be used for commercial use. I said "released versions" because for any product, Adobe might have public or private betas with restrictions. Those are labeled (as I mention below) or you would know in the invitation to try it what the restrictions are.

If the version cannot be used commerically, it will be stated in the announcement of the beta or in the beta application itself. For example, in the text to video beta underway now, if you initiate a download of a video, it specifically tells you that the video is for personal use only. Text to video is also clearly marked as a beta.

For the creative cloud apps, you have to take specific action to download a beta version. It will say "beta" on the splash screen or on the "about" menu item.  For web-based Firefly and Express, it will say "beta" on the function:

This is an older image from Adobe Express when text to template was in beta:

I hope this clarifies a bit. This is more confusing than it should be. If you have questions on specific version you are using, please tell us which ones they are and we can give a definitive answer.

Thanks,
    droopy

[SuperClara]

Hello droopydog500,

Thank you so much for all your explanations. Very clear and useful.

The notification of your message went to the spam.

If I hadn't noticed the error, I would have missed your valuable response.

Thanks,

Clara

[droopydog500]

Thanks. You might want to whitelist the notifcation emails in your email.

Take care,

    droopy