Today, digital creativity is rife with legal ambiguities, with Adobe’s software users and providers alike having no clear intellectual property rights. That’s why Adobe’s recent decision to clarify its Terms of Use is welcome news for its creative community. As generative AI quickly changes the game and privacy and content rights keep making headlines, Adobe’s rapid update and overhaul of the terms offers a critical guiding light to ensure trust and transparency. Here’s how Adobe is turning the tide of the choppy waters, and what it means for the creative economy.
Last week, a wave of confusion and panic appeared throughout the creative world around an update to Adobe’s Terms of Use. The precise wording of the document made it seem that Adobe could claim ownership of users’ unpublished creations, or license them, create derivative works based on them, or use them to train its generative AI models, as the phrase was seemingly vague enough to cover all of these scenarios. A swift backlash, coming from Adobe’s own user base, many of whom use the company’s creative suite – including tools like Photoshop, Premier and InDesign – for personal and professional use.
Realising the urgency of the matter, Adobe’s executive vice presidents Scott Belsky and Dana Rao wrote a post on the company blog in a move to clarify. ‘Adobe has never trained generative AI on customer content,’ they explained. ‘We don’t want to take a single piece of your work or step into your space as a creator.’ The new nature of the update was not meant for ‘reading private and proprietary content’, but rather creating a warning system for illegal activity. By moving swiftly to address suggestive applications that users might find invasive, Adobe demonstrates its commitment and integrity. Its focus was on innovative products, social responsibility and – most critically – maintaining the trust of its users.
First, Adobe specifically validated the role of generative AI in their Firefly system: their purpose was not to trick users or borrow someone else’s work. In fact, Adobe’s Firefly AI models are trained entirely on content from the Adobe Stock library and public domain data. They have had the courage and foresight to embrace new technology that will expand and enrich user creativity and ownership.
In light of the quickfire backlash, Adobe issued a clarification: We did not handle our communication very well last week and have heard your concerns. We learned a lot from this experience and will do a better job of being transparent and clear going forward. Based on the feedback, we are already updating our terms to make explicit that users can choose to opt-out of sharing their content for product improvement purposes.Belsky and Rao clearly articulate how Adobe’s policies are designed to foster innovation, while respecting the rights and choices of their users. By stating that users can opt out of sharing their content for product improvement purposes, Adobe can quickly restore trust. By telling its community that it will not have to sacrifice privacy and ownership to experience innovation, it can fortify the community into the future.
By 18 June 2024, Adobe pledges a prompt examination and revision of its Terms of Use to facilitate future understanding and make its commitments transparent to its user community. Such swiftness in addressing risk and liability demonstrates Adobe’s ambition to go above and beyond to meet and exceed its community’s evolving expectations as the digital world continues to evolve and revolutionise.
Adobe’s experience is also a warning about the need for clear communication and immediate integration of user feedback into policy and product development. By openly detailing its plans and intentions, Adobe models how tech companies should address concerns, be responsive to feedback, and increase transparency and trust in their policies and products.
The word ‘swift’ lies at the centre of Adobe’s recent crisis and response. And as we have seen, it is a word that has appeared again and again in this discussion. Although it normally carries the connotation of speed, in Adobe’s actions that connotation takes on secondary meanings of quick to take note of an issue, quick in revising a policy, and quick to clarify a misconception. Adobe’s swiftness communicates more than just speed: it communicates a strong forward-leaning alignment with its users, which seems to be a critical component to engaging stakeholders in a digital age.
The more Adobe is able to respond to such issues as they arise, honestly, thoughtfully and with a commitment to the protection of users’ rights, the more it will help to shape the future of digital creativity the company will be involved in creating. It will also set a shining example of how all tech companies might be expected to evolve if, as I firmly believe, they really want to regain the trust of creative people who will in turn trust them with our futures once again.
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