The use of Adobe Generative Fill in Photoshop beta raises questions about copyright ownership when applying AI-generated content to images. This article explores the implications and current perspectives on this issue.
Exploring Photoshop Generative Fill:
Adobe’s integration of Firefly, an AI-generated art app, into Photoshop allows users to manipulate images by adding, removing, and extending content using text prompts. Firefly is trained on Adobe Stock’s vast library of licensed, high-resolution images to avoid generating content based on others’ work or intellectual property.
Encoding AI Images with Digital Signatures:
As part of Adobe’s Content Credentials feature, AI-generated images created in Photoshop are encoded with invisible digital signatures, indicating whether they are human-made or AI-generated.
Ownership Rights and Generative Fill:
If you modify your image using Generative Fill, questions arise about the ownership and copyright of the resulting image. Can you still claim copyright over it?
United States Copyright Office’s Stance:
In 2018, the Copyright Office denied a copyright claim for an AI-generated work, stating it lacked human authorship and creative contribution. However, in 2023, they approved a graphic novel combining human-authored text with AI-generated images, considering it a copyrightable work. Notably, individual AI-generated images were deemed unprotected by copyright.
Copyright Office’s Examination of AI Technology:
The Copyright Office is actively evaluating copyright law and policy issues related to AI technology. This includes determining the scope of copyright in AI-generated works and the use of copyrighted materials in AI training. Public listening sessions and a notice of inquiry in the Federal Register are part of this process.
Current Challenges and Rapid Technological Advancements:
The Copyright Office is struggling to keep pace with the rapid advancements in AI and associated programs. As a result, the legal landscape surrounding AI-generated content remains relatively uncertain.
The Future of AI and Copyright:
Until the Copyright Office provides further clarity, the copyright status of AI-generated works will continue to be a complex and evolving issue. It is crucial to stay informed about the latest developments and regulations.
The use of AI in creative processes, such as Adobe Generative Fill, raises important questions about copyright ownership. While the Copyright Office has recognized some AI-generated works as copyrightable, the debate around AI and copyright remains ongoing. As AI technology advances, it is essential for lawmakers and copyright experts to establish clear guidelines to address these emerging challenges.