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Rejections for AI generated images featuring people who do not exist

Explorer ,
Dec 13, 2022 Dec 13, 2022

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I make art by generating AI images then compositing and overpainting. The people in the images do not exist, so obviously I cannot get a model release form, nor do I need to. I wrote in the titles of these images stuff like 'digital concept illustration of a fictional person' to try and indicate this. I started getting rejections asking me to supply a model release, so I resubmitted these with 'yes' to recognisable person, and uplaoded an explanatory note stating the above - and they've been rejected again. Please can someone tell me how to resolve this, since I don't see any way to progress here without direct contact with a moderator.

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correct answers 2 Correct answers

Community Expert , Dec 13, 2022 Dec 13, 2022

You won't get in contact with image moderators. Please look here for AI-generated assets: announcing-the-adobe-stock-policy-on-generative-ai-content 

 

As for model release: I'm not any more sure that AI generates images out of the blue. So, they need to get fed by real pictures of real people. You can try to submit a property release for such cases, I do not know how the moderators instructions are at the moment.

 

You could also try to contact contributor support on this: Need help? (Stock Contributor Support)

...

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Adobe Employee , Dec 13, 2022 Dec 13, 2022

For AI generated images containing elements that can be perceived to be a recognizable person, you must submit a MODEL RELEASE if the prompt, either written or visual is based on a real person. 

 

If however, such as the scenario you described, the "recognizable person" is completely fictional, then you must submit a PROPERTY RELEASE. Please review the FAQ for additional clarity on our generative AI requirements.

 

Thank you,

 

Mat Hayward 

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Community Expert ,
Dec 13, 2022 Dec 13, 2022

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You won't get in contact with image moderators. Please look here for AI-generated assets: announcing-the-adobe-stock-policy-on-generative-ai-content 

 

As for model release: I'm not any more sure that AI generates images out of the blue. So, they need to get fed by real pictures of real people. You can try to submit a property release for such cases, I do not know how the moderators instructions are at the moment.

 

You could also try to contact contributor support on this: Need help? (Stock Contributor Support) 

ABAMBO | Hard- and Software Engineer | Photographer

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Explorer ,
Dec 13, 2022 Dec 13, 2022

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AI generates people based on a averaging/composite of its database of millions of faces, so your comment about it being 'real people' is incorrect. If i said 'portrait of Scarlett Johanssen' in my prompts it would generate someone that looked a bit like her, but I don't do that, I say 'young Caucasian female with red hair' or whatever, which creates an averaged face within those parameters, not a copy of a real person.

 

Adobe Stock is full of AI genberated people, I see them everywhere, so there must be some way of getting them accepted - that's why I'm asking.

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Community Expert ,
Dec 13, 2022 Dec 13, 2022

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You can try to submit a property release for such cases, I do not know how the moderators instructions are at the moment. Until now, that helped.

 

ABAMBO | Hard- and Software Engineer | Photographer

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Explorer ,
Dec 13, 2022 Dec 13, 2022

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I don't see how a property release applies, it's not about a recognisable property, it's fictional people in fictional landscapes...

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Explorer ,
Jan 18, 2023 Jan 18, 2023

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Ganz einfach die Lösung, Adobe will deine Fotos/Grafiken nicht, ende, sie sitzen am längeren Hebel, denken sie jedenfalls, kann sich auch mal ändern dann suchen sie nach Fotos, so lange wir sie genug Füttern sind sie das Gesetzt. Adobe wird es anders sehen. Man kann nicht mehr so wie früher Fotografieren gehen, das ist vorbei.

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Community Expert ,
Jan 18, 2023 Jan 18, 2023

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Adobe ist hocherfreut, wenn wirklich gute Bilder von Dir eingereicht werden.

ABAMBO | Hard- and Software Engineer | Photographer

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Explorer ,
Dec 13, 2022 Dec 13, 2022

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I am even being asked for model releases for illustrations which are clearly just a generic character with no resemblance to any real world human...

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Community Expert ,
Dec 13, 2022 Dec 13, 2022

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...and you didn't include the "Generative AI" in the title.

 

Tag your generative AI content to help customers find it:
   • Titles should include the phrase, in English, "Generative AI"
        - Example title: Beautiful landscape. Generative AI.
   • Keywords should include the English phrase "Generative AI" as well as "Generative" and "AI" in the          language you are submitting your assets.
        - Example keywords: Landscape, No People, Generative AI, Generative, AI

ABAMBO | Hard- and Software Engineer | Photographer

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Community Expert ,
Dec 13, 2022 Dec 13, 2022

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As stated on Generative AI Content (adobe.com) :

 

Any content created with generative AI tools that depicts, is based on, or is intended to portray an identifiable person requires a model release. 

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Explorer ,
Dec 13, 2022 Dec 13, 2022

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Yes, and as I said, my work does not depict, is not based on, and is not intended to portray an identifiable person... these are generic prompts to produce people who do not exist, I am not making the figures look like a celebrity, no names are used...

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LEGEND ,
Dec 13, 2022 Dec 13, 2022

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Given that, if an AI generates an image of a person and you don't know how it did that, I guess you can't submit it. Because it could have been a harvested picture of a living person. Who could sue.

 

I am seeing many posts (not here) from artists, outraged. They are finding their work basically stolen by AI - harvested without permission and changed in unimportant ways, presented as original art. The discussion is just beginning. Soon, lawyers will scent blood and start circling...

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Explorer ,
Dec 13, 2022 Dec 13, 2022

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Adobe Stock is absolutely full of AI generated images that are not being rejected so your response does not speak to my specific issue. Every day the 'insights' page for illustration is showing accounts with tens of thousands of downloads which contain mostly AI generated imagery. I'm not here to have a debate about the ethics of AI image generation, at present Adobe does accept AI generated images.

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Community Beginner ,
Jan 17, 2023 Jan 17, 2023

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It turns out that if an artist draws a fictional portrait that turns out to be like some person out of 8 billion people living on earth, then that person can sue the artist?

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Explorer ,
Jan 18, 2023 Jan 18, 2023

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Das ist doch klar, oder. Also du hast eine Person aus zehn anderen Personen erstellt, dann benötigst du von eben den zehn Personen eine Freigabe, ganz einfach diese Welt.

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Community Expert ,
Jan 18, 2023 Jan 18, 2023

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Wenn Du lesen würdest, wüsstest Du, dass eine Eigentumsfreigabe gefordert wird. Das steht so in der Antwort von Mat und das steht so in den Vorgaben für AI Bilder. 

ABAMBO | Hard- and Software Engineer | Photographer

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Adobe Employee ,
Dec 13, 2022 Dec 13, 2022

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For AI generated images containing elements that can be perceived to be a recognizable person, you must submit a MODEL RELEASE if the prompt, either written or visual is based on a real person. 

 

If however, such as the scenario you described, the "recognizable person" is completely fictional, then you must submit a PROPERTY RELEASE. Please review the FAQ for additional clarity on our generative AI requirements.

 

Thank you,

 

Mat Hayward 

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Explorer ,
Dec 13, 2022 Dec 13, 2022

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Thanks Matt, that clears it up.

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Explorer ,
Dec 13, 2022 Dec 13, 2022

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I contacted Adobe Support, so in case anyone else wants the real answer instead of speculation, what you need to do in the case of an image containing an AI generated person who is not based on a real person is label the image as 'generative AI' and uplaod a property release. Details here:

 

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

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Community Beginner ,
Dec 31, 2022 Dec 31, 2022

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Thank you, Electric Dreams, for getting to the bottom of this.  I have been dealing with the same issue.  May I ask what company you used for yours?  I used Dall-E.  Were you able to get a "property release"?  If so, how did you do that?  I looked on the Dall-E site and don't see one anywhere.  This is ridiculous btw lol!

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LEGEND ,
Dec 31, 2022 Dec 31, 2022

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I don't think it's ridiculous that you need to prove the AI has permission to use all the work in its database. It keeps Adobe from getting sued. So it keeps YOU from getting sued. Suing people is very big business. 

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Explorer ,
Jan 01, 2023 Jan 01, 2023

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You don't need to 'prove the AI has permission to use all the work in its database', you have to prove you have the rights to commercially sell the image you are uploading to Adobe stock.

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New Here ,
Jan 17, 2023 Jan 17, 2023

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Let them sue me, I'll happily fight them in court and win, then hit them with a counter suit for financial damages, ALL generative AI companies give you the right to use their tools to create unique content for whatever purposes you wish to use it for, yes this includes commercial use.

 

   If I create a painting with a brush, does that paintbrush company then have legal rights to my painting? Absolutely not, no more than the generative AI tools being used gives that company the rights to your creative work. I think a lot of the folks making this difficult both in this chat and within the policy creation teams in these companies like Adobe, have a bias in favor of photographers, painters, and other traditional artists.

   

   Look, ladies and gentlemen, AI is here to stay, you can either profit from it or fall to the wayside, up to you. Making things excessively difficult and sucking all the fun out of being an artist, whether traditional or an AI prompter, with a whole bunch of unnecessary legal mumbo jumbo will not be good for buisness in the long run. Get with the program or get eaten by more user friendly competitors.

 

   Furthermore, on the subject of generative AI happening to have similar features to someones likeness? Get real, theres 8 billion people on this planet, any imagined representation of a human face and anatomy is going to inevitably look like someone, the use of AI is completely randomized, and even if an image of someone was used? Rarely does it look close enough to the actual person, it still looks like a computer generated image, which is not the person now is it...

 

   In closing I'd like to mention that at least so far, I'd be willing to bet that since Adobe JUST starting allowing AI art (agian likely because they had to, to keep up with competition) that they haven't even had a lawsuit over this yet and they're just trying to get out ahead of any potential litigation, making things difficult for all of us over a perceived financial troubles from their legal team. For God sakes, get better lawyers! LOL

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Community Expert ,
Dec 31, 2022 Dec 31, 2022

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The property release is you as the Artists and you as the property owner. You need to confirm that the property you created is fictional and is yours.

ABAMBO | Hard- and Software Engineer | Photographer

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Community Beginner ,
Dec 31, 2022 Dec 31, 2022

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Ok, thank you. If I understand you correctly, you are saying that I should put together a property release?  Do you know if there's a template for this?  I'm really not sure how to put together a property release such as this.  

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