Waiver release problem.

[Massimiliano271190775wzr]

hi, I have a problem with the waiver release form. 
I produce digitally generated images by A.I. by midjourney.
 The people depicted are not real. How can I get the waiver release form
 filled in and signed by a person who does not exist? Many Thanks

[RALPH_L]

I have contacted Adobe about their policies on AI generated images. Unfortunately, I have not recieved a reply.

AI images are a gray zone not yet covered by law.

It is not certain who the owner of the image is. You or the owner of the software (the developer). 

Presently, it is suggested that you upload an IP release showing that this is your design. It may, however be refused.

[Massimiliano271190775wzr]

Many thanks Ralph for you response. Best regards.

[Abambo]

Use a property release and note that the persons have not been modelled after existing individuals.

[Massimiliano271190775wzr]

Ok i think i will do so. Many thanks

[Nancy OShea]

The whole AI synthesized asset issue is mired in controversy because non-human generated content cannot be copyrighted in the U.S.   Without copyright, images cannot be sold and used commercially.  😭

I don't expect this to be sorted anytime soon.   In the meantime, don't submit AI generated content to Stock.  Use it for your personal projects only.

[Abambo]

Without copyright, images cannot be sold and used commercially.  😭

By @Nancy OShea

You can sell them, but you cannot avoid other people to copy them and use them without permission. It's tricky.

[Nancy OShea]

According to Stock submission guidelines, Content Ownership:

https://helpx.adobe.com/stock/contributor/help/submission-guidelines.html

"Understand copyright.

You must own or control all the rights to the files you submit to Adobe Stock. Don’t submit files that don’t belong to you, such as photos taken by your spouse. Don’t incorporate anything into your content that was created by *someone else — not even images you got from a website that allows free downloads — unless you have a complete property release from the owner of the other content. "

* Midjourney is someone/something else.

[Abambo]

I said it's tricky. German copyright law asks a creative input from the creator. So "blonde woman lying on a bed" will not meet that requirement.

[Nancy OShea]

It is complicated.

Where is that "blonde woman's" likeness coming from? AI doesn't conjur faces from thin air.  The blond woman must come from somewhere, possibly a database of celebrities or well-known painters like Picasso or Modigliani...  If "Blond Woman" comes from the contributor's own photograph, wouldn't he have a signed model release to use her likeness?

[Abambo]

Where is that "blonde woman's" likeness coming from?

By @Nancy OShea

1,000,000 pictures and add descriptions. Then you combine. That's it.

[Test Screen Name]

This seems a good starting point. Is it the case that an AI-created picture was created (at least in part) by someone else? If so, not useful. But also, what would Adobe want with AI-created work at all? Tell me if this idea is wrong: if Adobe wanted to sell AI-generated work, they could use their own AIs and make millions of images, without paying any contributors.

[Nancy OShea]

When the dust finally settles,  I think AI generated art will occupy it's own niche category with exclusions & limitations much like Editorial Use Only.