This article explores the implications of AI-generated images for marketers and creatives, highlighting both the exciting opportunities and the legal challenges.
As marketers leverage AI to develop images, understanding how to do so effectively (and legally) is a key challenge. To better understand how AI is changing the development of images and best practices, I sought insight from Getty Images.Getty Images is in the business of visual storytelling.
As a leading visual content creator and marketplace, our brands offer impactful visuals to help any brand, business, or organization communicate more effectively with their target audience and inspire that audience to take action. For nearly 30 years, we have covered global events and centered important conversations on the images we capture around the world, enabling fast, accurate visual reporting of events that drive the news cycle. We also maintain one of the largest and best privately owned archives in the world, filled with hundreds of millions of unique visual assets dating back to the beginning of photography. compelling visual content is critical for marketers to connect with brands with their audiences and that generative AI potentially offers another option to craft those visuals in certain, appropriate contexts. However, the fundamental core of the creative process remains unchanged; talented individuals, equipped with the appropriate tools, are ultimately responsible for bringing new ideas to life. Generative AI is another instrument to help them channel their unique human creativity, like a new brush and canvas in their hands. While there are changes, much actually remains the same. To connect with audiences, brands must cut through an increasingly visually cluttered landscape, and they need to do that efficiently and at scale. Generative AI is one of many tools that marketers can use to achieve this, and in some exciting and innovative ways, but these new opportunities come alongside potential challenges.AI poses significant benefits. Generative AI allows users to create images that are very difficult or impossible to shoot with traditional means. And there have been striking, visually stunning examples of that. But there are also a lot of examples of low-quality images that are derivatives of pre-existing ideas, including blatant copies of images created without AI. At the end of the day, a ‘quality’ AI-generated image is one that helps someone reach and communicate to their audiences and is trained on quality and ‘clean’ data that is fully permissioned and clear of any risk to infringe on IP. Customers should not have to choose between creating quality AI visuals and legal safety; they should demand both.To this end, the advent of AI image generation asks us to think differently about how to sustain a thriving future for creatives. AI is an exciting tool with a growing number of use cases, but the authenticity, diversity, creativity, and quality of human-created work are irreplicable and required to sustain effective AI models. In training our own generative AI model, Getty Images ensures that creators who have contributed to the dataset are compensated for their work on a recurring basis. Those AI services that have built their products through scraped data put the rights of artists and IP holders at risk. The potential erosion of these rights has immediate and long-term implications on the broader creative economy; without these rights, we limit the opportunity for people to conceive net-new ideas and be rewarded appropriately for them.With the rise of AI, we now live in a world where we cannot always be certain if the photos and videos we encounter are real or not. This has serious implications for brands as they seek to build and sustain trust with their customers, particularly in cases where authenticity sits at the core of the brand’s identity. Brands need to be thoughtful about when and how they use AI and the level of transparency they offer around it. AI is not new, but it has never been so widely accessible, and everyone is wrestling with the right way to use it. In addition, image generators and other AI tools pose the greatest risk to businesses when they are not commercially safe and not based on a clean foundational model. A commercially safe AI tool is one that allows marketers to use the generated content to freely market a product without any downstream legal risks. This means a customer has a license to use the image commercially and legal indemnification to protect them. In the context of image generation, commercially safe AI tools are those that are not trained on any copyrighted material or known likenesses. Therefore, you can’t get in legal trouble for violating copyright. Most AI content generators can’t tout this. Many have been trained on scraped data, which is ripped from the internet without legal consent, or synthetic data, which is generated by other AI tools that may have been trained on copyrighted material
AIIMAGEGENERATION LEGALCHALLENGES CREATIVITY COPYRIGHT MARKETERS
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