From Getty Images:
Trained on Getty Images’ world‑class creative content, Generative AI by Getty Images allows customers to explore the power of generative AI with full protection and usage rights
New York – September 25, 2023: Getty Images (NYSE: GETY), a preeminent global visual content creator and marketplace, today announced the launch of Generative AI by Getty Images, a new tool that pairs the company’s best‑in‑class creative content with the latest AI technology for a commercially safe generative AI tool.
Generative AI by Getty Images is trained on the state‑of‑the‑art Edify model architecture, which is part of NVIDIA Picasso, a foundry for generative AI models for visual design. The tool is trained solely from Getty Images’ vast creative library, including exclusive premium content, with full indemnification for commercial use. Sitting alongside the company’s broader, industry‑leading services, Generative AI by Getty Images works seamlessly with the company’s expansive library of authentic and compelling visuals and Custom Content solutions, allowing customers to elevate their entire end‑to‑end creative process to find the right visual content for any need.
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Customers creating and downloading visuals through the tool will receive Getty Images’ standard royalty‑free license, which includes representations and warranties, uncapped indemnification, and the right to perpetual, worldwide, nonexclusive use in all media. Content generated through the tool will not be added into existing Getty Images and iStock content libraries for others to license. Further, contributors will be compensated for any inclusion of their content in the training set.
“We’ve listened to customers about the swift growth of generative AI – and have heard both excitement and hesitation – and tried to be intentional around how we developed our own tool,” said Grant Farhall, Chief Product Officer at Getty Images. “We’ve created a service that allows brands and marketers to safely embrace AI and stretch their creative possibilities, while compensating creators for inclusion of their visuals in the underlying training sets.”
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Customers will soon be able to customize Generative AI by Getty Images with proprietary data to produce images with their unique brand style and language.
Link to the rest at Getty Images
PG has previously suggested that the owners of images used to train an AI are likely not going to be able to pursue a claim for copyright infringement effectively.
That said, large business organizations and their legal departments will be able to use Getty’s AI system without concerns about claims of copyright infringement by the owners of the images used provide grist for Getty’s AI mill.
What’s interesting here is that Getty Images generally† doesn’t own the copyright in the works in its catalog/library. Further, its standard agreements with photographers do not authorize creation of derivative works — only of actual copies.
Oops. If this sounds a great deal like the fact pattern in Tasini — prior “publisher” in form X blithely assumes it has the right to republish in form Y or create a derivative work based on the original publication — it should.
† There are a few exceptions, mostly significant historical photographs owned by news agencies that were entirely purchased by/otherwise transferred to Getty.
They’re counting on the “AI” image business being new to rope in and fleece the uninformed.
Even if they were to own the copyright over the photos they license how are they to prove any specific image is derivative of one of theirs? The Prince case it was easy to provide a direct link but with a black box image generator in between, how to prove a link is just step one.
A rather interesting developement happened two weeks ago: Microsoft assumed liability for any customer sued over output produced by using their Copilot software.
https://blogs.microsoft.com/on-the-issues/2023/09/07/copilot-copyright-commitment-ai-legal-concerns/
“Microsoft’s AI-powered Copilots are changing the way we work, making customers more efficient while unlocking new levels of creativity. While these transformative tools open doors to new possibilities, they are also raising new questions. Some customers are concerned about the risk of IP infringement claims if they use the output produced by generative AI. This is understandable, given recent public inquiries by authors and artists regarding how their own work is being used in conjunction with AI models and services.
To address this customer concern, Microsoft is announcing our new Copilot Copyright Commitment. As customers ask whether they can use Microsoft’s Copilot services and the output they generate without worrying about copyright claims, we are providing a straightforward answer: yes, you can, and if you are challenged on copyright grounds, we will assume responsibility for the potential legal risks involved.”
Usual disclaimers apply, as hinted at the source.
That could be fun to watch.
Sounds like a protection racket:
“Sign with us so you’ll be safe from being sued…by us.”
Nice book cover you have there. Be a shame if anything happened to it, like a cease-and-desist letter to online retailers that will never be provided to you so you won’t even know what you supposedly did.
If only the DOJ went after all the forms of racketeering.
But then 90% of congress woud be lined up to be arraigned next to Menendez.
I think you’re optimistic there. Ninety percent seems a bit low…
Probably.
But one can hope?