Recently the photography industry has been bombarded with information regarding Artificial Intelligence (AI.) Adobe's release of their new beta allowing photographers to play with editing their images through AI has many questioning the ethics & legalities behind AI.
Let's try to make sense of it all!
What does Adobe say about using AI Beta for your photography biz?
What does this mean for my photography biz according to TheLawTog?
Adobe User Guidelines state that it is not for commercial use. This does NOT mean if you're choosing commercial niche (headshot, branding, etc) you're excluded. All photographers seeking to make, or are making, money off photographs = commercial for the purpose of these terms.
Many photographers are stating that they have contacted Adobe for clarification on this rule. We would like to caution against listening to online or phone Adobe customer support team as they are not part of the legal team. They cannot provide legal guidance.
Are the User Guidelines (aka Terms of Service) a contract?
Yes. When you download software you are agreeing to follow the terms or guidelines of that piece of software. You are agreeing to abide by them the same as any other contract.
Why should I care?
If you choose to violate Adobe's guidelines you could find yourself losing access to your Adobe software suite (including Photoshop, Lightroom, etc.) or even worse being sued.
Is it ethical & legal to use AI in my biz?
AI is a very useful tool when used properly. Programs such as ChatGPT are helpful in creating engaging captions for your social media and writing blogs. If Adobe AI is released for public AND commercial use, then you could utilize it to edit your clients' images. Our MAIN ADVICE when utilizing AI within your business is to always disclose you are using artificial intelligence to your audience.
🛑 A strong word of caution!!! 🛑 We strongly suggest against using AI for any type of legal documentation. You will always need a (human) lawyer to draft your contracts & templates. As always, we suggest using TheLawTog®.
Am I required to disclose use of AI?
We strongly suggest disclaiming use of AI within your copy, photography, or anywhere within your business in which you're utilizing it. At this time, there is not a mandate from the Federal Trade Commission for disclosure, but there is talk that it will become mandated in the future. Get ahead of the battle by disclosing before you're required.