Hi all, hi Mat.

I've got an invitation to use DALL-E. DALL·E is a new AI system that can create realistic images and art from a description in natural language : https://openai.com/dall-e-2/

It gives really impressive results !

According to terms of use, i own the content generated by this AI and can even sell it.Is it possible to include this kind of element in my images and submit as stock ?

Terms of use : https://labs.openai.com/policies/terms

Regards,
Thomas

Same question regarding content created using Midjourney AI, we own the image rights so is it possible to sell on stock sites?

Question applies to ALL AI generated images I guess

Quote from: Thomas from France on August 16, 2022, 06:15
Hi all, hi Matt

I've got an invitation to use DALL-E. DALL·E is a new AI system that can create realistic images and art from a description in natural language : https://openai.com/dall-e-2/

It gives really impressive results !

According to terms of use, i own the content generated by this AI and can even sell it.Is it possible to include this kind of element in my images and submit as stock ?

Terms of use : https://labs.openai.com/policies/terms

Regards,
Thomas

Good question. Mind I add another question? Will the AI generate the same result if both queries are the same?

Say for example, "Husky dog riding on a rocket flying to moon". And if both results are identical, who are there to judge who owns it?

Quote from: leremy on August 16, 2022, 07:55

Quote from: Thomas from France on August 16, 2022, 06:15
Hi all, hi Matt

I've got an invitation to use DALL-E. DALL·E is a new AI system that can create realistic images and art from a description in natural language : https://openai.com/dall-e-2/

It gives really impressive results !

According to terms of use, i own the content generated by this AI and can even sell it.Is it possible to include this kind of element in my images and submit as stock ?

Terms of use : https://labs.openai.com/policies/terms

Regards,
Thomas

Good question. Mind I add another question? Will the AI generate the same result if both queries are the same?

Say for example, "Husky dog riding on a rocket flying to moon". And if both results are identical, who are there to judge who owns it?

From my testing it creates a different result every time

With a few exceptions (i.e. NASA images), stock photos must be entirely the author's work.

Is there a risk that some elements of the images they used to train the model will end up into the generated images in a recognisable form?

Has any stock agency decided to accept/reject AI generated images? Its only a matter of time before thay are inundated with them anyway.

Quote from: Me on August 16, 2022, 07:26
Same question regarding content created using Midjourney AI, we own the image rights so is it possible to sell on stock sites?

Question applies to ALL AI generated images I guess

they dont allow the usage for everything, usage is limited.

The question is, are images from Shutterstock and Adobe etc scanned to create new images with. The answer is probably yes. There are some reports where the watermarks are incorporated. The whole issue is totally strange. What do Adobe and SS say about it? Is there an official statement?

Quote from: Thomas from France on August 16, 2022, 06:15
Hi all, hi Matt

I've got an invitation to use DALL-E. DALL·E is a new AI system that can create realistic images and art from a description in natural language : https://openai.com/dall-e-2/

It gives really impressive results !

According to terms of use, i own the content generated by this AI and can even sell it.Is it possible to include this kind of element in my images and submit as stock ?

Terms of use : https://labs.openai.com/policies/terms

Regards,
Thomas

So you make generations from your own uploaded images? Then you would own the rights and the work would be all from images that you created and have the individual rights to.

"To the extent allowed by law and as between you and OpenAI, you own your Prompts and Uploads, and you agree that OpenAI owns all Generations (including Generations with Uploads but not the Uploads themselves), and you hereby make any necessary assignments for this. OpenAI grants you the exclusive rights to reproduce and display such Generations and will not resell Generations that you have created, or assert any copyright in such Generations against you or your end users, all provided that you comply with these terms and our Content Policy."

Seems pretty clear and open: Use of Images. Subject to your compliance with these terms and our Content Policy, you may use Generations for any legal purpose, including for commercial use.

Quote from: Uncle Pete on August 16, 2022, 19:06
So you make generations from your own uploaded images? Then you would own the rights and the work would be all from images that you created and have the individual rights to.

"To the extent allowed by law and as between you and OpenAI, you own your Prompts and Uploads, and you agree that OpenAI owns all Generations (including Generations with Uploads but not the Uploads themselves), and you hereby make any necessary assignments for this. OpenAI grants you the exclusive rights to reproduce and display such Generations and will not resell Generations that you have created, or assert any copyright in such Generations against you or your end users, all provided that you comply with these terms and our Content Policy."

Seems pretty clear and open: Use of Images. Subject to your compliance with these terms and our Content Policy, you may use Generations for any legal purpose, including for commercial use.

I did not understand the question of the OP to mean that they refer to images created from their own images by the AI, but rather to images that the AI creates on its own, based on what it learned. But even if only the OPs own images were used in the training of the AI, the terms still seem to indicate that OpenAI owns all generations and just grants the user the right to use them. That seems to make them unsuable for upload at images agencies to me. At least I would not do it.

Quote from: Big Toe on August 16, 2022, 19:35

Quote from: Uncle Pete on August 16, 2022, 19:06
So you make generations from your own uploaded images? Then you would own the rights and the work would be all from images that you created and have the individual rights to.

"To the extent allowed by law and as between you and OpenAI, you own your Prompts and Uploads, and you agree that OpenAI owns all Generations (including Generations with Uploads but not the Uploads themselves), and you hereby make any necessary assignments for this. OpenAI grants you the exclusive rights to reproduce and display such Generations and will not resell Generations that you have created, or assert any copyright in such Generations against you or your end users, all provided that you comply with these terms and our Content Policy."

Seems pretty clear and open: Use of Images. Subject to your compliance with these terms and our Content Policy, you may use Generations for any legal purpose, including for commercial use.

I did not understand the question of the OP to mean that they refer to images created from their own images by the AI, but rather to images that the AI creates on its own, based on what it learned. But even if only the OPs own images were used in the training of the AI, the terms still seem to indicate that OpenAI owns all generations and just grants the user the right to use them. That seems to make them unsuable for upload at images agencies to me. At least I would not do it.

And I don't really know, because I just read the terms, and I don't know if the images created are from personally uploaded only. If I wanted a monkey, riding a rocket, eating a banana, then I'd have to upload all of those elements myself.

If not, then you are right. We wouldn't have created all of the image ourselves.

My point was, IF someone only used their own images, for all the elements, then we would own all the rights and be fine. Your point is well taken, if not, there would be some problem with claiming it's 100% our own work and shouldn't be uploaded as stock.

A few clarifications:

Images are generated by typing a description, without upload any picture. They are 1024x1024p which is not enough for Selling them as such. After a few tries, i understand images seems uniques and do not really yet exist(but i know it comes from a training on similar pictures result).

I tried some caricatural work below(see downsized image in attachment). The swimming pool picture is mine.

Every single added item is AI generated ( towels, buoys, waterguns, footprints, human legs...)

Before i go further, my question is : can i sell this picture ?

Edit : I did a reversed image search with AI generated content, no results, i'm convinced that these images do not exist.

The image downloads as a PNG file. It can be upscaled in PS to the required size. It can also be saved as a JPG.   

Interesting thread; in the next future there will be a lot of discussion about this.

From my point of view (I'm not a lawyer, so just an opinion):

Quote from: Uncle Pete on August 16, 2022, 19:42
If I wanted a monkey, riding a rocket, eating a banana, then I'd have to upload all of those elements myself.

That is simply what we do every day: almost any image in the world is created having in mind other previous images of the same kind.
AI use images to create new (and different) ones on the same subject. So in my opinion there is no need to own copyright on every sigle part of source image.

Quote from: Thomas from France on August 16, 2022, 20:04
Images are generated by typing a description, without upload any picture. They are 1024x1024p which is not enough for Selling them as such. After a few tries, i understand images seems uniques and do not really yet exist(but i know it comes from a training on similar pictures result).

I tried some caricatural work below(see downsized image in attachment). The swimming pool picture is mine.

Every single added item is AI generated ( towels, buoys, waterguns, footprints, human legs...)

Before i go further, my question is : can i sell this picture ?

For me the answer is YES. But is of course questionable.
And agencies will have big issue to manage these kind of images

Quote from: Thomas from France on August 16, 2022, 06:15

According to terms of use, i own the content generated by this AI and can even sell it.Is it possible to include this kind of element in my images and submit as stock ?

Terms of use : https://labs.openai.com/policies/terms

Regards,
Thomas

QuoteOwnership of Generations. To the extent allowed by law and as between you and OpenAI, you own your Prompts and Uploads, and you agree that OpenAI owns all Generations