Re:Adobe Firefly: AI Art Generator
by anigbrowl on Tuesday March 21, 2023 @01:14PM
(#35249267)
I'm sure that's a no. When you license a stock image you license it for any use whatsoever. You don't get to complain if it becomes the background to a porn movie or an advert for a product or person you despise. Songs can licensed on a case-by-case basis but images are so plentiful as to be a commodity.
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Not quite. For example, this is one thing Adobe says in their FAQ: Images showing models can't be used in a manner that the models could perceive as offensive. (For example, avoid using images with models on the cover of a steamy romance novel or a book about politics or religion, etc.)
There are also a few other more Adobe-specific restrictions.
Well, Adobe are publishers of the stock images so they can enforce such terms. What I mean is that the person selling a stock image to Adobe, Getty, Shutterstock or whoever has no say on what happens to it afterward. The publisher is going to assert universal rights in exchange for cash. If they narrow their own terms as in your example above, they don't necessarily create any sort of duty to the seller whose photo rights they purchased.
I should have been clearer and specified sale of rights rather than licensing of a stock image in my original reply, which I now realize is confusing.
Companies certainly can offer more narrow terms/commitments about what the stock images can or cannot be used for if they want to, but economically they're incentivized to maximize their own freedom, and not to negotiate a complex bundle of rights for individual images. Of course for journalistic and artistic images that are unique in some way, the original creator can negotiate.
It's probably not very common but people can and will absolutely bring lawsuits if you misrepresent them based on stock photography including but not limited to manipulating the photographs. (Of course, people can sue for whatever reason but using random stock photos for "bad people" can get you in trouble.)
That's not what happens when you sign a contributor license with Adobe, Getty, Shutterstock or other stock image libraries... These companies pay you 0 until the time a customer of theirs acquires a license to reproduce the image you contributed. Only at that point do you get paid a percentage of the license fee. Currently nobody has been paid anything by Adobe for their stock images used in the training (at least as far as I know).
Sure, but once you sign you're agreeing to whatever terms are in force at the time of signing. I would guess that Adobe granted itself universal rights to do whatever they think will bring the customers in, but I haven't looked at one of their contracts.
Re:Adobe Firefly: AI Art Generator
by wahnfrieden on Tuesday March 21, 2023 @01:51PM
(#35249797)
Simply untrue, legally and socially