Generative Fill In Photoshop

[RALPH_L]

Here is something for Adobe Stock to think about.
The new Generative Fill in Tool in the upcoming version of Photoshop cannot only "fill in" spots but add complete AI generated objects into my photos. How will this effect my contribution? Is my contribution still a photo or does it change to an illustration? 

photophoto + illustration

[Jill_C · Accepted solution]

Adobe Stock has already stated that an image that has any AI generated content must be uploaded as an Illustration and tagged as Generative AI. Perhaps they will adjust this requirement as the tools to seamlessly integrate Generative AI components into a photograph evolve. 

[RALPH_L]

Thanks @Jill_C . That answers my question.

[Nancy OShea]

At this point, don't use AI tools in assets unless you wish to submit them as Generative AI.

Now that we've crossed over into the Twilight Zone where nothing is 100% anything anymore, Adobe Stock must define the meaning of HYBRID assets.

According to US Copyright Policy on Generative AI content,  “A human may select or arrange AI-generated material in a sufficiently creative way that ‘the resulting work as a whole constitutes an original work of authorship.’ Or an artist may modify material originally generated by AI technology to such a degree that the modifications meet the standard for copyright protection.”

The Copyright Office continued to say, "in these cases, copyright will only protect aspects of the work that were judged to have been made by the authoring human, resulting in partial protections of entire works."

According to the statement of policy, applicants who submit their works for copyright registration from now on must declare if AI was used in any part of the work and those who have submitted applications that lack this declaration must amend them.

[George_F]

@RALPH_L , this is a great question to ponder!

I remember at some point May Hayward saying that all elements of an asset must be created by the person submitting it.  But in my opinion Adobe hinted towards this in a Q & A post about generative fill with the following statement:

"Designed to be safe for commercial use: Firefly is trained on Adobe Stock’s hundreds of millions professional-grade licensed, high-resolution images, which helps ensure Firefly won’t generate content based on other people’s work, brands, or intellectual property. So while Generative Fill is not for commercial use while in the Photoshop (beta), you can still create confidently."

Here is the article for reference: https://blog.adobe.com/en/publish/2023/05/23/future-of-photoshop-powered-by-adobe-firefly

[Nancy OShea]

Firefly is no longer in BETA.  It was rolled out to Photoshop today.

https://community.adobe.com/t5/the-lounge-discussions/adobe-adds-generative-ai-firefly-to-photoshop/...

[George_F]

@Nancy OShea Its my understanding that Generative Fill is a part of a beta release.  I certainly don't mind being wrong, but that's what I've read so far.  Am I wrong about this?

Cheers!

[Jill_C]

This page seems to imply that both the AI implementation into PS as well as Firefly are in Beta:

https://www.adobe.com/sensei/generative-ai/firefly.html

[Nancy OShea]

My bad. I sourced the announcement from CNN but didn't read it closely enough.  Later I interacted with Photoshop users who said they had received the rollout.  😕

"Adobe on Tuesday said it’s incorporating an AI-powered image generator into Photoshop, with the goal of “dramatically accelerating” how users edit their photos. The tool, called Firefly, allows users to add or delete elements from images with just a text prompt, according to Adobe. It can also match the lighting and style of the existing images automatically, the company said. 

It’s currently available in a new Photoshop beta app.  The company plans to roll the product out to all Photoshop customers by the end of the year."

[MatHayward · Accepted solution]

While Adobe Firefly is in beta, you cannot use content created with, or enhanced by Firefly for commercial purposes. This means you cannot upload the content as stock at this time. 

As has been called out here, the current policy is that any image that has been created with or touched by generative AI software must be submitted as an illustration, regardless of how photo realistic it is.

Thank you,

Mat Hayward 

[RALPH_L]

Thanks @MatHayward . By the way, I was just raising the question. I would never use Beta software for commercial purposes.

[George_F]

Thanks @MatHayward, and @RALPH_L for asking the question question in the first place.