Adobe announced that they will be including generative AI tools in their products with a significant bonus for users – the company will defend users against claims of copyright infringement.
Some argue that generative AI systems can produce original and creative works that deserve recognition and protection. Supporters of generative AI argue that the use of copyrighted material could fall under the fair use doctrine. Fair use allows for limited use of copyrighted works without permission, particularly for purposes such as criticism, commentary, news reporting, or transformative use. Generative AI systems might be seen as transformative in nature, producing new and unique interpretations of copyrighted works.
Advocates argue that by allowing generative AI systems to freely access and incorporate copyrighted material, it encourages a culture of openness, collaboration, and sharing. This could lead to the development of new and innovative artistic expressions and foster a more inclusive creative environment.
On the other side, copyright owners argue that copyright law grants creators exclusive rights to their original works, including the right to control reproduction, distribution, and derivative works. Copyright infringement by generative AI could undermine these rights and potentially harm the livelihoods of creators and rights holders who depend on the value and protection of their work.
Copyright infringement by generative AI may result in creators losing control over their work. The original intent, context, and message of a copyrighted work could be distorted or diluted when AI systems generate derivative works. This loss of creative control undermines the integrity and artistic vision of the original creator.
Furthermore, copyright infringement by generative AI could have negative economic consequences. Creators and rights holders rely on the protection and monetization of their copyrighted works to sustain their creative endeavors. Allowing AI to infringe copyright may reduce the incentives for creators to produce original works and impact the overall creative industry’s viability.
Questions of copyright with generative AI are currently unanswered. Is it infringement to use copyrighted material to “train” the AI model? Is it infringement to use something generated by AI based on original copyrighted material? Answers to such questions may determine the reach and impact of generative AI on content producers. Adobe offering to protect their users could be one step towards more widespread use. Will others follow?
Licenses will remove watermarks from generated images, and if a customer is sued for infringement, Adobe will pay damages and help in court
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