Unsettling legal concerns revolving around AI-generated art have found a sense of solace in Adobe’s latest move. Recognizing the worries enterprise users have about permissions linked to AI-created artworks, Adobe steps up with an indemnity clause. The assurance is clear: Adobe commits to shoulder any copyright claims related to the outputs of Adobe Firefly, its generative AI art creation tool.

Adobe addresses enterprise copyright worries

For customers leveraging Firefly, Adobe ensures IP indemnity, effectively safeguarding customers from third-party IP claims about the artwork generated. This stands as a clear commitment by Adobe to bear any resulting costs should a client face a lawsuit over the use of Firefly-generated content.

Scott Belsky, Adobe’s chief strategy officer, shed light on this enterprise concern during this year’s Upfront Summit. Many large enterprise clients are wary of deploying generative AI without comprehending its training foundation. They equate it with using a stock image in a campaign, where usage rights and model releases are imperative.

Adobe eases such worries by training Firefly on Adobe Stock images, openly licensed content, and public domain content where copyright has lapsed. This strategy curtails Adobe’s risk and assures customers that the AI model is trained on legally permissible content. Moreover, Adobe pledges support if customers still face legal action.

Legal assurance or insurance policy?

Dana Rao, Adobe’s general counsel, likens this to an insurance policy rather than a legal tactic, designed to quell customers’ apprehensions about utilizing this technology for commercial ventures. It promises clients some peace of mind, given the imminent legal tests of AI-generated art’s use. Adobe, aware of the content used for training the model, feels equally confident even as the legal landscape remains unsettled.

However, Adobe delineates the scope of its indemnity, covering only the specific Firefly-generated output. It doesn’t extend to potential copyright infringements resulting from any additions to the output, such as introducing a recognizable character like Spiderman.

Constellation Research’s founder and principal analyst, Ray Wang, applauds this as a savvy move benefiting both Adobe and Adobe Stock contributors. This measure only applies to Adobe Stock, and the derivatives created in Firefly allow creators to monetize their works.

While Adobe promises protection, the law remains unsettled. The clause, while serving as an attractive insurance for Adobe’s enterprise customers, doesn’t predict how copyright cases will unfold. But for now, Adobe’s assurance provides an essential buffer for enterprises venturing into the territory of AI-generated art.

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