Earlier quoted context omitted.
>That is, these companies are largely not doing the hard part, which is creating and training these models in the first place. fyi, for Adobe Firefly, we are training or models. From the FAQ: "What was the training data for Firefly? Firefly was trained on Adobe Stock images, openly licensed content and public domain content, where copyright has expired." https://firefly.adobe.com/faq (I work for Adobe)
I am definitely glad to see attention being paid to ethical sourcing of training images but I am curious: did the people who made all those stock images get paid for their work being used for training? Did they check a box that explicitly said "Adobe can train an AI on my work"? Or is there a little clause lurking in the Adobe Stock agreement that says this can be done without even a single purchase happening?
The contributor agreement linked from here[1] is this: [2]
"You grant us a non-exclusive, worldwide, perpetual, fully-paid, and royalty-free license to use, reproduce, publicly display, publicly perform, distribute, index, translate, and modify the Work for the purposes of operating the Website; presenting, distributing, marketing, promoting, and licensing the Work to users; developing new features and services; archiving the Work; and protecting the Work. "
I guess this would fall under the "developing new features and services".
What is funny is that "we may compensate you at our discretion as described in section 5 (Payment) below". :) I like when I may be compensated :)
And in section 5 they say: "We will pay you as described in the pricing and payment details at [...] for any sales of licenses to Work, less any cancellations, returns, and refunds."
So yeah. Sucks to the artist who signed this. They can use your work to develop new features and services, and they do not have to pay you for that at all, since it is not a sale of a license.
1: https://helpx.adobe.com/stock/contributor/help/submission-gu...
2: https://wwwimages2.adobe.com/content/dam/cc/en/legal/service...