Commercial Use For AI Art Answered



What can you use commercially and/or for a business? I dug through ALL the documents, so you don’t have to. Here’s what you …

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when it comes to AI generated content and we’re going to be talking about generated content on open AI mid-journey Runway and also stable diffusion one of the most important things to know are the legalities around the content you create there’s a lot of rumors and a lot of non-factual advice going around telling people different things when it comes to copyright law now hat was only made worse when a couple weeks ago U.S courts basically said you cannot go out and get a copyright for something you generate with AI that created a lot of panic in the space and people were wondering what can I actually use my generative content for and a lot of that hearing was taken out of scope and we’re going to talk about that it’s true you cannot go out and patent or trademark or seek a copyright for something you generate but you do still own all of your assets there are assets on all of these platforms that are still protected by the platform’s terms of service themselves so I went out and dug through a ton of different documents all of the terms of service behind all of these different platforms along with actually looking at those court rulings to see what can we really use for commercial purposes we’re going to start with openai because openai covers a few of these platforms openai is the owner behind chat GPT of course we know that but it also owns dolly dolly 2 and through external use of openai’s API key the Microsoft Bing generator as well because that’s powered by Dolly so let’s look at openai and if you want to look at this yourself I’ll link it down below we’re looking at Section 3 paragraph A and B now this right here the first couple sentences are pretty much just defining input output and services whenever we hear the word Services because we’re going to see this throughout the platform just think of the plan platform we’re talking about itself so you may provide input to the chat GPT you may provide input to the dolly so just think of services as the service provided input and output are collectively called content so when we hear content that’s just what we’re giving it what we’re getting back as between the parties and to the extent permitted by applicable law you own all input which means anything you put into openai any sort of text prompt or any image to be remixed you own that content and that was pretty clear that’s our content to begin with here’s where it talks about output though subject to your compliance with these terms and all local laws open AI hereby assigns to you all of its rights titles and interest in and to Output that means whatever you create with open AI or whatever you create with chat GPT and Dolly you actually do own that output within the terms of service address which means you have to have a GPT Plus or a at least minimum basic paid open AI plan to actually own your content for commercial uses this means you can use the content for any purpose including commercial purposes such as sale or publication we’re talking about KDP books we’re talking about print on demand mugs and shirts or even like wire stocks selling your AI generated images you have or you have the permission rather to use that content for those purposes specifically when using open AI so let’s look at paragraph B similarity of content and we’re just going to submate this really quickly so due to the nature of machine learning output may not be unique across users and the services May generate the same or similar output for open AI or a third party third party of course referencing like Microsoft’s Bing because that works off dolly or and open AI API key for example you may provide input to the model such as what color is the sky another user may do the same and you both may get the same response well what happens there well it’s actually pretty simple you own the rights to your generation they own the rights to their generation even though they are exactly the same that’s where you get into things like seeds your seed will be different than their seed it’ll be the same image but the background to it will be different and that’s really kind of what you own the rights to now open AI does own and operate Dolly but Dolly has their own content policy which I just want to cover very very briefly it’s weird that there’s no real reference to this in here but we’re going to go straight to this at labs.openai and then their content policy specifically now again I dug through this document but the main part really seemed to be this right here which is the rights of others it doesn’t explicitly say copyright but this is what it’s implying so do not upload images of people without their consent you cannot take a picture of someone upload It remix it and then use that for your own purposes do not upload images to which you do not hold appropriate usage rights and the wording on this is so weird because I was skimming for copyright and it doesn’t actually say copyright it just says you cannot use images that you don’t hold appropriate usage rights which is copyright you cannot remix an image or retouch an image or reanimate an image that someone else holds copyright for so easy enough and you cannot create images of public figures if you’ve been on Twitter for more than 30 seconds I guarantee you you’ve either seen the pope or Will Smith or the president or some famous actor in some weird or awkward situation in a picture and that picture was most likely generated with something like dolly or mid-earning stable diffusion or even Adobe Firefly at this point you can’t do that at least not on Dolly so that’s Dolly and openai let’s go ahead and talk about mid Journey because that’s the one I was extremely excited to learn about it’s the one that I use the most and there’s a couple really interesting terms in here so it’s pretty much the same as chat GPT you own all the assets you create with these services that Services word again of course this time pertaining to mid-journey to the extent possible under current law this excludes upscaling the images of others so much like open ai’s Services whoever generates it owns it even if you generate the same thing so you cannot go out and use like a mid-earning library or something and just start upscaling whatever you like and then using it for your own needs can’t do that with mid-journey or open AI now all of this of course pertains to someone that’s at least on a basic mid-journing plan which I believe right now is about ten dollars a month if you do not have that you get a kind of Creative Commons license but if you’re not paying for mid-journey as of right now you cannot use the images for commercial purposes another interesting part is what if you are a paid member you generate something and then you decide to cancel your account they do cover that right here your ownership of the assets you created persists even if in subsequent months you downgrade or cancel your membership however you do not own the assets if you fall under the exceptions below and we’re going to get into that now so you own all of your assets that you generated while you have a membership you downgrade or cancel your membership you still own all the assets you generated while you were a paid member this is a really interesting one if you are an employee or owner of a company with more than one million USD a year in gross revenue and you are using the services on behalf of your employer you must purchase a pro membership for every individual accessing the services on your behalf in order to own the assets you create if you’re not sure whether your use qualifies as on behalf of your employer please assume that it does so if you’re a freelancer out there and you are making content and this is really wide range because if you’re a freelancer on upwork and Fiverr this may very well pertain to you without you even knowing it so if you are an employee or owner and that could be contracted work as well of a company with more than a million USD a year in Gross you have to have a Pro Plan or you do not own the commercial rights to that instead you fall under this section here as well as if you are not a paid member you don’t own the assets you create instead mid-journey grants you a license to the assets under Creative Commons non-commercial attribution this license does not let you use it for commercial purposes which a lot of people are doing right now without even knowing it now the last one which is Runway is actually very straightforward it’s in this long paragraph but it basically says that when you are a registered user when you post or publish your content on company properties which when you generate something with Runway it gets posted into your portfolio you represent that you own and or have a royalty-free Perpetual irrevocable worldwide non-exclusive inclusive right and license to use license reproduce modify adapt publish translate and create derivative works from you also own the license to distribute that as well so it’s basically saying that when you upload something to Runway you are actually already agreeing to these terms that you own the content you’re uploading to modify so the runway Generations you will own your generation or animation as long as the original file you use to remix doesn’t follow or doesn’t fall rather under any copyright law or any current copyright holders so Runway is actually pretty straightforward the interesting part about this though and instead of services we’re using company properties that’s the wording they use when you create something you agree that the company and its suppliers own All rights title and interest in the properties you will not remove alter or obscure any copyright trademark or service Mark which means if you’re not on a paid plan there is a watermark and I think that’s what this is getting at because it will be a Runway kind of watermark on it and you’re actually also agreeing that you will not remove alter or obscure that so in a roundabout way you do need to have a paid plan with Runway to use it for commercial purposes so I hope that helped

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