AI Content Release

[Restylerphoto]

Hello.

I will describe a specific situation. I have a question, how in this case I should upwnload releases.

So, I have a photo session that is already 10 years old. I took photos and trained the AI, then generated an image of a person based on this training. It is my understanding that, whether or not the image is similar to the original model, I must attach a model release from that 10-year-old photo shoot.

Even if it was a young girl, and I got a man with a beard.

The second question is should I also attach the property release, since the image doesn't look at all like what the release model refers to? Or is a 10 year old model release enough?

I read everything I found on the topic, but this situation with old photographs is still not clear to me. Theoretically, having a model release, I am free to use these photos, among other things, to create new images using AI.

What do you say, dear colleagues?

[Jill_C]

Review the Generative AI guidelines on this page:

https://helpx.adobe.com/stock/contributor/help/generative-ai-content.html

In the Release section, it says:

"Any content created with generative AI tools that depicts, is based on, or is intended to portray an identifiable person requires a model release. For example, if you upload a photo of a real person as a prompt, name a specific individual in the prompt, or include prompt keywords intended to instruct the generative AI tool to draw a real person.

If the generative AI content was not based on a real person, but it visually appears to resemble a person, then you must submit a property release confirming that you have all property rights in the content."

I interpret this to mean that since you used the image of a real person to generate the AI image, a model release is required. It makes no difference that the model release is 10 years old; they don't expire.

[Restylerphoto]

Hello. Thanks for your reply. From a formal point of view, I was of the same opinion, but was rejected due to a mismatch in the release model. Then I thought. I can understand an inspector who expects to see a nice girl in a picture but sees an old man. It will confuse anyone. The fact that I simultaneously received two contradictory answers from two experts shows the ambiguity of the situation.

[Nancy OShea · Accepted solution]

It's a different likeness (age, gender, etc...) generated by AI, therefor you submit a property release.

If the likeness remained the same as before, then a model release would be appropriate.

Hope that helps.

[Restylerphoto]

Hello. Thank you very much for your answer. It seems to me that by uploading only the property release I have a chance of being accepted, but at that time I did not indicate that an image of a real person was used to create the picture. Downloading both releases will only work if the release model is found to be appropriate. And this is difficult when, instead of a girl in a release, the inspector sees an old man, for example. The fact that I received two conflicting answers from experts speaks of the ambiguity of the situation. Interesting. In any case, I will try all three options for providing content.

[Abambo]

Hello. Thank you very much for your answer. It seems to me that by uploading only the property release I have a chance of being accepted, but at that time I did not indicate that an image of a real person was used to create the picture. Downloading both releases will only work if the release model is found to be appropriate. And this is difficult when, instead of a girl in a release, the inspector sees an old man, for example. The fact that I received two conflicting answers from experts speaks of the ambiguity of the situation. Interesting. In any case, I will try all three options for providing content.

By @Restylerphoto

If an asset is modelled after a person, like a little girl and the AI produces something that is like the girl, you need a modell release. And the girl, now probably an adult need to sign. If still underage, the parents need to sign as foreseen. 

If your AI has been trained with a bunch of people, and what comes out is not similar to the models, use a property release. You may need the model release for your records, as you used those models to train your AI.

The model and property release are for Adobe and the buyer the legal document that they need in case of legal trouble. They will come after you. 

All AI have been trained with people's faces. Nobody will see the exact Jane Doe in any picture, the exact famous singer or scientific would be recognized. So no AI of Elvis and Einstein, and no JFK.

(this is not legal advice!)

[Nancy OShea]

When in doubt, submit both.