Artificial intelligence (AI) has been making waves in the creative industry, enabling artists and designers to generate stunning artworks with the help of algorithms. However, the legal implications of using AI-generated art have been a source of uncertainty and anxiety for many enterprise users, who fear potential copyright infringement lawsuits.
To address these concerns, Adobe is introducing an indemnity clause for its generative AI art creation tool, Firefly. The clause states that Adobe will pay any copyright claims related to works created with Adobe Firefly, giving enterprise customers peace of mind and confidence to explore the possibilities of AI-generated art.
Firefly is Adobe's latest innovation in the field of generative AI, which uses deep learning models to create original and realistic images, videos, and audio based on user inputs. Firefly allows users to specify parameters such as style, mood, theme, and color, and then generates artworks that match those criteria.
Adobe's chief strategy officer Scott Belsky said that the company decided to offer an indemnity clause after talking to enterprise customers who expressed their worries about using generative AI without knowing how it was trained and whether it violated any intellectual property rights.
“A lot of our very big enterprise customers are very concerned about using generative AI without understanding how it was trained. They don't see it as viable for commercial use in a similar way to using a stock image and making sure that if you're going to use it in a campaign you better have the rights for it — and model releases and everything else. There's that level of scrutiny and concern around the viability for commercial use,” he said.
Training Firefly to Avoid Copyright Risks
To mitigate these risks, Adobe has trained Firefly on a limited set of content sources that it has legal permission to use, such as Adobe Stock images, openly licensed content, and public domain content. By avoiding training on the open internet, which may contain copyrighted material, Adobe has reduced the chances of Firefly generating outputs that resemble someone else's work.
Adobe's general counsel Dana Rao said that the indemnity clause shows the company's commitment to supporting its customers and building trust in AI-generated art.
“With Firefly, Adobe will also be offering enterprise customers an IP indemnity, which means that Adobe would protect customers from third party IP claims about Firefly-generated outputs. That means the company is prepared to pay out any claims should a customer lose a lawsuit over the use of Firefly-generated content,” he said.
The indemnity clause is a groundbreaking move in the world of AI-generated art, which is still in its infancy and faces many legal uncertainties. By offering this clause, Adobe is empowering enterprise users to embrace the future of creativity with confidence and security.
The Rise of Image Generating AI
Image generation is just one branch of generative AI that has become mainstream in the last few months. Google also showed an image generating AI known as MediaGen that is similar to other image/video AI such as MidJourney and Microsoft Bing Image Creator.
Bing Image Creator is one of Microsoft's latest tools for AI and web services. The AI can create images based on simple words or phrases, such as animals, objects, landscapes, or abstract concepts. However, the tool also has some limitations and restrictions. For example, it refused to make an image based on the word “Bing” when it was first released.
Image Creator launched last month as an image-search accompaniment for Bing Chat. It is powered by OpenAI and Microsoft's DALL-E image processing natural language AI model. Last month, MidJourney 5.1 launched as a more “opinionated” version of the AI art generating model.