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Answered

So... AI copyright free, yes or no?

Forum|Forum|2 years ago
September 17, 2023
2 replies
8484 views

As of September 2023, after many updates, where do we stand with the copyright?

Is the entire AI section still in beta? I can see the labels within the neural filters, but where does the generative fill AI stand?

Is there, currently, a difference in copyright between generative expand or minor generative fill fixes, and full generated AI images?

Should it still be copyright locked, is there a timeline for its release?

Thanks,

Confused Person

This topic has been closed for replies.

Correct answer davescm

I am not a lawyer and do not work for Adobe so the following views are my own.

I doubt you will see a straight yes or no to this question at present. Copyright and generative AI is a bit of a minefield at present with various cases progressed through the courts challenging ownership, and even the ability to copyright images that were generated by typing in text prompts. Example in this article: https://www.artnews.com/art-news/news/ai-generator-art-text-us-copyright-policy-1234661683/

I don't know what you mean by copyright locked. Commercial use by generative AI in beta software was, and still is prohibited. Commercial use by gen AI in the released software is 'designed to be safe for commercial use' as stated here : https://helpx.adobe.com/photoshop/using/whats-new/2024.html#gen-ai-photoshop

Adobe's terms, referring to copyright, are here (revised in September)
https://www.adobe.com/legal/licenses-terms/adobe-gen-ai-user-guidelines.html

https://www.adobe.com/content/dam/cc/en/legal/servicetou/Adobe-Generative-AI-Additional-Terms_en_US_20230908.pdf

If you need specific advice on generative AI and copyright then you should talk to a copyright lawyer.

Dave

D Fosse

Community Expert

Copyright has nothing to do with Adobe or beta vs. production.

The short answer:

https://www.theverge.com/2023/8/19/23838458/ai-generated-art-no-copyright-district-court

The gray zones:

https://builtin.com/artificial-intelligence/ai-copyright

M

MisterGeorge'

Participant

Thanks for this. This excerpt was interesting:

The U.S. Copyright Office’s stance on excluding machines from being considered authors could throw a wrench in the Stable Diffusion lawsuit and many others, according to Rob Heverly, an associate professor at Albany Law School who specializes in the intersection of technology and law.

“In order for there to be infringement, there has to be an author. So, if there isn’t an author, I don’t know that there can be infringement,” Heverly told Built In. “If we’re not going to hold the technology maker liable for the technology itself, then the creator of the output is the AI. But we’ve already said they’re not an author. So if they’re not an author then they can’t create an infringing work.”

!

davescm

Correct answer

Community Expert

I am not a lawyer and do not work for Adobe so the following views are my own.

I doubt you will see a straight yes or no to this question at present. Copyright and generative AI is a bit of a minefield at present with various cases progressed through the courts challenging ownership, and even the ability to copyright images that were generated by typing in text prompts. Example in this article: https://www.artnews.com/art-news/news/ai-generator-art-text-us-copyright-policy-1234661683/

I don't know what you mean by copyright locked. Commercial use by generative AI in beta software was, and still is prohibited. Commercial use by gen AI in the released software is 'designed to be safe for commercial use' as stated here : https://helpx.adobe.com/photoshop/using/whats-new/2024.html#gen-ai-photoshop

Adobe's terms, referring to copyright, are here (revised in September)
https://www.adobe.com/legal/licenses-terms/adobe-gen-ai-user-guidelines.html

https://www.adobe.com/content/dam/cc/en/legal/servicetou/Adobe-Generative-AI-Additional-Terms_en_US_20230908.pdf

If you need specific advice on generative AI and copyright then you should talk to a copyright lawyer.

Dave

A

ArenlionAuthor

Participant

Oh yes I know, it's the wild wild west right now, precisely why I came here to try and understand where we stand with Adobe.

Commercial use by generative AI in beta software was, and still is prohibited. Commercial use by gen AI in the released software is 'designed to be safe for commercial use' as stated here : https://helpx.adobe.com/photoshop/using/whats-new/2024.html#gen-ai-photoshop

Thank you, this is what I was looking for! Along with the first article as well.

Really not sure how I missed the Adobe one there; I had only seen the talks of the many court cases.

c.pfaffenbichler

Community Expert

As an artist I can tell you I am the copyright holder and NOBODY ELSE. I took the proactive step of not giving permission for my work to be used in AI with Adobe, but the other day I got a payment for it. I am beyond annoyed. I say make your own images! Phooey. There I feel better now. But not really.

-edit typo

As an artist I can tell you I am the copyright holder and NOBODY ELSE. I took the proactive step of not giving permission for my work to be used in AI with Adobe, but the other day I got a payment for it. I am beyond annoyed. I say make your own images! Phooey. There I feel better now. But not really.

-edit typo

By @Leslie Moak Murray

When did you opt out of your Adobe Stock images being used as training material?

Could there have been a period of time when you hadn’t opted out yet and Adobe was already pursuing the AI-approach?

Otherwise I wonder if the payment might have been a mistake (those seem to happen) and I am not exactly sure who to address about this, a bug report maybe …

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