Adobe new Terms (2024)

The Association of Illustrators is issuing an update to its members regarding important changes Adobe has made to its General Terms of Use.

These changes have implications for illustrators and need to be scrutinised to ensure the protection of our creative work and rights.

Adobe’s New Terms of Service: Overview

Adobe recently updated its Terms of Service to extend their access to user-generated content. The updated terms state:

“Adobe may access your content through both automated and manual methods, such as for content review, to ensure compliance with our guidelines and to improve our services.”

While Adobe claims these changes are intended to improve user experience by using content to develop their tools and features, the vague wording and lack of explicit consent has caused widespread concern amongst creators.

Implications for Illustrators

The updated terms state that Adobe’s rights in user-generated are “solely for the purposes of operating or improving the Services and Software”. However, users have no guarantee of what these Services might include in the future. This creates uncertainty about how user-generated content might be used.

The main concern for illustrators, is the potential for Adobe to use their work to train AI/machine learning models and tools, all without consent or fair remuneration. While Adobe has since stated that users or their customers’ content won’t be used to train Generative AI (such as Adobe Firefly), they do currently allow images submitted to Adobe Stock to be used for that purpose (Adobe Stock marketplace use is governed by a separate Adobe Stock Contributor Agreement).

Clarifications from Adobe

In response to rising concerns, Adobe has clarified its position. They claim that the use of user-generated content is solely intended to enhance software functionality and will not be sold or distributed without permission. Users can opt out of having their content analysed (which is then included in aggregated content to train Adobe algorithms) through their account settings. Adobe has also confirmed it does not claim ownership of user-generated content. For work created or adapted in Photoshop, Adobe will not own the content, users retain ownership.

Despite these assurances, the issues of consent and clarity remain. The opt-out mechanism places the responsibility on users to protect their work, rather than Adobe seeking explicit permission. Many users may not be aware of the default settings or the implications of agreeing to the new terms.

Clause 4.3 A of the Terms covers rights in users work for operating the services and software, and says:

‘We will not use these rights to train generative AI models on your Content and will not use the sublicence rights to have anyone else train generative AI models on your Content, except at your specific request (like you asking us to train a customised model on your Content).’

This wording in brackets may indicate that Adobe intend to create customised AI models for users where outputs are based on the users own artwork.

Making an Informed Decision

For illustrators, the decision to continue using Adobe products under these new terms needs to be considered. It is crucial to weigh the benefits of Adobe’s tools against the potential risks to your intellectual property. We encourage illustrators to engage with this conversation to inform their own professional stance.

Here are some steps you can take to protect your work:

Review Adobe’s Terms of Use: Carefully read the updated Terms to understand how your content may be used.
Adjust Your Settings: If you choose to continue using Adobe’s services, opt out of allowing your content to be used to develop Adobe’s services. This can be done in your Adobe account settings or by contacting Adobe Support for assistance. Your right to opt out of Adobe performing Content Analytics using your Content is at (adobe.com/go/contentanalysisfaq, and usage data (adobe.com/go/usagedatafaq).
Explore Alternatives: Consider other software options that respect your rights as a creator.
Stay Informed: Keep up to date with industry developments and advocate for policies that protect the rights of illustrators.

The AOI urges all members to critically assess the implications of Adobe’s new Terms of Use. The use of AI in creative industries is a complex issue that requires careful consideration to ensure that the rights and livelihoods of illustrators are not compromised. Adobe added explanations to the Terms on June 18, and it is important for all users to stay informed about these changes. By staying engaged and proactive, we can collectively advocate for a fairer creative environment.

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