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Commercial use_Photoshop Beta-Generative fill

Forum|Forum|2 years ago
May 24, 2023
5 replies
25234 views

Hi, I have a question with commercial use of work done through Photoshop (Beta)/ Generative fill.
I have created through Generative fill more background to an image and I would like to know if I can use it for commercial purposes.

Many thanks,

António

This topic has been closed for replies.

Correct answer CShubert

Can we copyright our own GenAi content?

Example 1: We use our own image as a base, and add AI imagery and effects.

Example 2: We create a full GenAi image from our own imagination and prompts.

Hi @Lorraine Mc that is an excellent question. Here is what the US gov is saying about AI and copyright:
https://www.copyright.gov/ai/

https://copyright.gov/ai/ai_policy_guidance.pdf

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Elle32424771bhhc

Participant

What confuses me is that I'm seeing lots of Ai generated content on Adobe Stock. Any of these images (which are clearly made for commercial use, as they are on Adobe's own licensing platform) could have been made using GF in Photoshop. I just need quick access to a (legal!) photo for commercial use for a class I'm writing. It seems I can't use Photoshop to create my own image quickly, but I also can't count on licensing sites to be legal either, as so many of the images are now made with GF. Any thoughts or tips are appreciated.

CShubert

Community Manager

@Elle32424771bhhc with the release of Ps 25.0, NON beta, GenAi is available for commercial use as Ps has always been. There are no restrictions in Ps on its use so there is no need to be worried. If we didn't understand the question, please let us know. To make it as simple as possible, if you use GenAI that is now available in the public release version of Ps, you can use it for commercial use, no issues.

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Lorraine Mc

Inspiring

Can we copyright our own GenAi content?

Example 1: We use our own image as a base, and add AI imagery and effects.

Example 2: We create a full GenAi image from our own imagination and prompts.

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BILBZR

Participant

Hello Antonio,

As of Photoshop 2024 Version 25.0, Generative AI is available for commercial use. Update your platform to be able to continue using using your creations for your business.

CShubert

Community Manager

Hi all, Ps beta and GenAI use will not be changed as far as commerical use, if customers want to use GenAI for commercial jobs, they will need to use the general release of Ps: Adobe Photoshop Version: 25.0.0 20230906.r.37 b14e317 x64

AlexDSBR

Participating Frequently

Você pode dizer qual a diferença entre o GenAI do Beta 25.1 para o Photoshop 25.0 ? agora? Ou ambos são iguais nesse momento?

C

craig_kasnoff

Inspiring

So are education and editorial uses considered "commercial?"

Under copyright law they are not.

I am curious how Adobe is interpreting "commercial."

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craig_kasnoff

Inspiring

And I am still patiently waiting for an answer to my question.

How is Adobe interpreting "commercial" use? Do education and editorial uses fall under that definition.

And if not, how are "commercial" publications and paid writers able to write stories about Adobe Generative AI Beta and use Adobe Generated AI Beta images in their articles since both of these (publication with ads and writers who are being paid to write the articles) ARE commercial uses of Adobe Generated AI Beta Images.

Anyone?

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rod mclean

Known Participant

I have deleted Beta and all test imagery until there is a clear explination and path forward, it's just too risky at this point from a professional photographers perspective. All that being said, the initial results were quite impressive.

CShubert

Community Manager

Hi @António Soares Cardoso please see the helpx doc which will help:

https://helpx.adobe.com/photoshop/using/generative-fill.html#generative-fill-greyed-out

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fudyma71

Participating Frequently

Hi Cory, I would like some clarification regading commercial use for Photoshop GF images. Once the restriction is lifted (I assume it will be done around the Adobe Max conference time) will we be able to use commercially the images we created while still in beta, or only the new images, created after the public launch will be restriction-free?

Carola_BHG

Inspiring

So you want me to work for free to try to improve your product by submitting ideas, providing feedback, promoting the new features to friends and family, assisting in training the AI, dealing with glitches and bugs to fix imperfect images with abnormalities in the hands and feet and other areas that I likely will have no way of using in any way in the future? I have spent weeks learning how to use the beta version of Photoshop because in your promotional materials it highlighted the fact that the images could be used commercially and only now have I seen this rule that this does not apply to the art I have created during this time (I read the terms when it first came out and did not see that mentioned). If there isn't a "pathway to citizenship" for the illustrations I have worked so hard on, then once again Adobe will be showing their corporate greed is more important than the artists and photographers who use their products. You know as well as I do that most of the images generated by the average person in this beta release wouldn't make money commercially anyway. Why punish the people who are actually trying to improve your product before it launches? Why make them angry with you for wasting their time? I know my opinion doesn't matter anymore now that I'm not a journalist but I hope that people who's opinion does matter find a way to change this policy so that the little guy can at least enjoy the possibility that they could sell a children's book mentioning your product as assisting in the creation of the illustrations. I was happy with the generative fill feature and all my hard work and now I feel like I wasted my time so that you can cash in when it hits the market and I will be left trying to figure out how to create something that looks remotely like the work I already did.

Hi @MichaelG2023 As soon as I read that reply I quit using the beta, since not being able to do a commercial use of this tool really doesn't suit me. I tested it, it worked great for the intended use I would give it, also it would be a great help for me as it is now, but since I can't really use it, I just stopped doing so full stop.

Beta software is what it is, is often buggy, it's incomplete, and when it's paid software you have to be aware that you're helping developers ironing out problems for free before launch. In some cases testers are rewarded for this unpaid work, in others they only get the 'pleasure' of contribute to some great software for the sake of using it before it gets released. You have to judge if the reward is good enough for you, and if the commercial use clausule wasn't clear from the beginning –Adobe it's to blame here. I myself was in doubt, so I came here looking for answers because for me, Photoshop is a professional paid software and I needed this tool for commercial use asap.

Being able to use it commercially would be a nice reward to help develop the tool, but if Adobe doesn't want it, you can refuse to do the work. For paid users it is the worse deal, they improve the tool for free, but you get nothing in return since you can't use the output pieces. Take it or leave it!

In general this is consistent with the main problem with AI tools. They rely too much on creator's work and use it for free to only exist. Not to mention how some people want to misuse this tools to replace creators that have been the ones to feed the monster that is now used to leave them behind.