I want to share the results of my case. What responses did I receive from Adobe?

I will briefly describe the details of my case:
I found that one author (actually there are many), takes images from my portfolio, uses them as a prompt in Midjourney, Stable Diffusion or Adobe firefly (it can be any AI generator, where there is the possibility of img2img) and generates similar AI works, and then sells these images on Adobe Stock. Also he copies the description of my work. "n the attachment, you will find a picture with several examples.

In Adobe's rules, I found this information:
Your Generative AI content prompts, titles or keywords:
-May not contain references to third party intellectual property

If I understand correctly, you can't use someone else's images as a prompt and img2img.

I sent the DMCA notice to Adobe's Intellectual Property Agent (copyright-stock AT adobe.com), reached out to Contributor Support, and communicated with the Adobe team on Discord.

These are the answers I got:
Adobe Intellectual Property Agent: Thank you for your message. We are unable to take action on your report. The allegedly infringing content appears not to be substantially similar to your content.

Contributor Support: The team who handles and deal with these issues is the one who already reviewed your claim and responded back > [email protected]

I am afraid we can't help you from here. You are more than welcome to send them another message and see if they can review your case again, or provide more details. But if they reviewed your claim and determined that these content do not infringes copyright or other IP rights, then I am afraid there's nothing else we can do. Your case has been reviewed, a decision has been made and a response has been sent back to you already.

Adobe team on Discord: How can you prove the member took your photos and created a file with it? it has similarities, but it is hard to prove. Yes, I see a resemblance, but it's not a direct copy. Ai can really bring our various images. unless your design is exactly/part copied, then you can make an IP claim.


I'm a little confused and have a few questions:
- Adobe themselves have established rules on uploading AI content, where it is forbidden to use other people's work as a prompt for img2img. However, the original content author has absolutely no means to prove that their picture was used in img2img.

- Adobe should be aware of how AI works. It is not possible to generate such a similar picture to the original using only text prompts. Obviously, an image was used as the prompt here as well. For example, try writing a prompt in Midjourney or Adobe Firefly like "a young girl in a yellow hoodie and red pants riding a scooter" and compare the resulting image to mine. You won't get an image as similar as mine without using my image as a prompt for img2img."


We've received an official response from Adobe:
Anyone can take any picture from any portfolio, upload it to Midjourney, and use it as a prompt, then sell it on Adobe Stock. The original author will have no means to prove that img2img was utilized. Adobe doesn't recognize any infringement, despite its clear presence to me.
This situation significantly disadvantages original content creators, and it's not entirely clear how to proceed."


@MatHayward, I would like to hear your opinion on this matter. You've conducted podcasts and promoted AI content on Adobe in this manner. You've spoken extensively about the benefits of AI, but you haven't addressed the challenges and safeguards for original content creators. We continue to see millions of accepted images with six fingers, three legs, and other anomalies. Would you be interested in hosting a new podcast where you address issues like this? How does Adobe protect authors from img2img?"

I would like to hear the community's opinion. What are your thoughts on my situation? I may be mistaken in some aspects, and I would appreciate it if you could point out any errors in my reasoning.

Thank you for your attention.