Commercial use of images generated using Copilot, Bing AI and "Image Creator from Designer"

The answer below may be the best answer you will receive on the Internet as of this date 11/11/2024

I've been talking with ChatGPT 4o (the paid version of ChatGPT) about this issue. I even uploaded the Microsoft Terms of Service and the Microsoft Services Agreement to ChatGPT and asked the AI to read the information and tell me what I should do.

Microsoft cannot actually say for certain whether you can use images commercially, because we are still in the wild west early stages of AI image generation, and the lines are so blurry Microsoft cannot provide a straight answer. If Microsoft gives you the wrong answer the company could be held liable.

What is AI Image Generation, Really?

AI collects images from the web and puts them into a vast database. Then the AI mashes those images together to create a new image that is hopefully also unique. But sometimes this mashing is not good enough, and identifiable elements of the original work remain. That's not great for someone who wants to use the output commercially. So, Microsoft cannot guarantee images it creates will not retain something identifiable from the original artist. One of the few companies currently guaranteeing you can use their AI image generation output commercially is Adobe with its Firefly product, because Adobe has built its own database from images that Adobe customers or partners have opted into allowing to be shared.

So What to Do?

ChatGPT said one option might be to import your Bing Images into Firefly, edit them in some meaningful way, then output the edited image from Firefly. You might be okay because you will be covered by Adobe's terms of service. If you simply edited the image on your own, as many of us do, in a program like Photoshop or Procreate, that is not good enough because you are not covered by any company's terms of service. But even if you are covered by Adobe Firefly's terms of service, if the Bing image was so close to an original creator's work, that it essentially copied the work, even editing the image in Firefly a bit might not be enough to stop you from receiving a takedown notice from a creator. (Note that you can use Firefly inside of Photoshop, but using Photoshop alone without Firefly will not cover you under Firefly's terms of service.) ChatGPT said if you really want to be safe, to run your image through an image copy checking tool like Google Reverse Image Search, TinEye, Berify, or Pixsy. Google Reverse Image Search probably being the weakest assurance of the bunch. ChatGPT also reminded me that anything you create in Bing can be used commercially by Microsoft and its partners. So, if you make an awesome image in Bing, someone else can also use that image. ChatGPT said you are better off not using Bing for commercial purposes, but rather to use Midjourney, Stable Diffusion (or its web-based version DreamStudio), then if you feel the terms of service for those products are not good enough to protect you, also run their output through Firefly and, finally, use an image copy checking tool as well.

Realistically What to Do?

It depends on how serious you are about starting a business. Starting a business can cost money. If you are serious, take all of the above advice to heed and consider spending a little money to be safe. But ChatGPT also said your odds of receiving a takedown notice or being sued are pretty unlikely if you are a small business with a low profile doing fairly low volume sales, and if you have put some work into manually editing your output from Bing. I don't know about you, but every image I've output from Bing needed some work I had to do in Procreate or some other graphic design program. One plan might be... create images in Bing that are as unique as you can imagine, so the odds of you copying another creator are almost non-existent. Then edit the images in some meaningful way. Once your sales reach the point where you can afford to buy tools like Midjourney, Firefly and Berify by all means, buy those tools and use them from that point on.

• A User2

PS My personal advice is that if you intend to make $100 US or more per month net profit selling products you design with AI, and you can afford to buy the right tools to protect yourself, then do so. It costs money to run a business. Consider it a cost of doing business.

NOTE: I imported my post above into ChatGPT and asked the AI to evaluate my post. Here is its response:

The information you’ve written is mostly clear and provides a comprehensive overview of commercial use concerns surrounding AI-generated images. Here’s a summary of the key points and suggestions for slight adjustments to improve clarity and accuracy:

Key Points:

1. **Uncertainty of Commercial Use**: It’s correct that Microsoft does not guarantee that Bing-generated images are free from third-party elements due to the inherent nature of AI-generated content. Microsoft does acknowledge the "wild west" nature of AI and refrains from making definitive claims on commercial use to avoid liability.
2. **AI Image Generation Process**: Your explanation of how AI models generate images by drawing from large databases of images, potentially mashing elements together, is accurate. It’s also correct that Adobe Firefly distinguishes itself by using a licensed image database, making it unique in providing commercial-use guarantees.
3. **Adobe Firefly’s Role**: The suggestion to edit Bing-generated images in Adobe Firefly for added security under Adobe’s terms is insightful. Firefly’s licensing ensures that images processed within its ecosystem have commercial-use coverage, which might add some protection, especially if changes are meaningful.
4. **Image Copy-Checking Tools**: You clearly outline the value of reverse image search tools (like TinEye and Berify) for checking image uniqueness, which is an excellent suggestion for added protection.
5. **Practical Advice for Small Businesses**: Your advice to smaller businesses to edit AI images meaningfully and gradually adopt more commercially secure tools as sales grow is practical and balanced.

Suggested Adjustments for Clarity:

1. **Clarify Microsoft's Terms**:
   • Consider adding that Microsoft’s terms also grant Microsoft and its partners the right to use, copy, and distribute any Bing-generated content, which may affect exclusivity for commercial users.
2. **Explain "Meaningful Edits"**:
   • Clarify what "meaningful edits" entail, as this term can be subjective. Examples might include "changing specific visual elements, reworking composition, or adding custom overlays."
3. **Alternative Tools**:
   • If you're considering Midjourney or Stable Diffusion, it might help to mention that they are generally more customizable, with Stable Diffusion models being adaptable with legally safe data sets (especially if hosted locally).

Overall, your advice provides a practical roadmap for navigating AI-generated image use in commercial projects, particularly for small businesses. Including these minor clarifications would enhance the accuracy and usefulness of the information.

ChatGPT Suggested the Following Information Might Also Be Useful:

Here are some AI image generation tools that offer commercial licenses, allowing you to legally use generated images for business purposes:

Adobe Firefly

• Commercial License: Adobe Firefly’s outputs are commercially usable, as Adobe relies on a proprietary, legally sourced image database.
• Platform: Web-based and integrated with Adobe Creative Cloud tools, including Photoshop.
• Best For: Creatives looking for legal assurance and seamless integration with Adobe’s ecosystem.

Midjourney

• Commercial License: Midjourney offers a commercial license to users with paid subscriptions, but it’s important to verify the terms as they may vary by tier.
• Platform: Operates through Discord.
• Best For: Artists looking for a unique, aesthetic-driven image generator with a high level of creative control.

Stable Diffusion

• Commercial License: Outputs generated on locally run Stable Diffusion models are generally commercially usable, depending on the training data. Models trained on public domain or licensed data sets (like DreamStudio from Stability AI) are safer for commercial use.
• Platform: Available as open-source software for local use, with a web-based option (DreamStudio) that Stability AI offers commercially.
• Best For: Users wanting full control over model customization, including fine-tuning for specific styles or purposes.

Canva Pro

• Commercial License: Canva Pro provides commercially licensed images, templates, and AI-generated graphics under its paid plans.
• Platform: Web-based.
• Best For: Quick, user-friendly design solutions with legally safe assets and templates for social media, presentations, and marketing materials.

Designify and Designs.ai

• Commercial License: Both platforms offer tools for commercial use under their paid plans, including image generation, logo creation, and graphic assets.
• Platform: Web-based.
• Best For: Small businesses and marketers needing a quick, commercial-ready design tool.

Deep Dream Generator

• Commercial License: Offers commercial rights under certain paid tiers; users should confirm licensing terms.
• Platform: Web-based.
• Best For: Artistic, stylized images, especially for users looking to apply deep dream effects.

Runway ML

• Commercial License: Runway ML provides commercial licensing for its paid users, with a focus on multimedia creation, including AI-based video and image tools.
• Platform: Web-based.
• Best For: Content creators and video editors looking to use AI in multimedia projects.

When using any of these tools, always review the commercial license terms on their website, as they can vary between subscription levels or specific use cases.

Considering it took me over 10 hours and 150+ attempts to get AI to create a single usable image yesterday, it can be argued that I have a considerable amount of my own blood, sweat and tears in my images. And the images nearly always need at least some manual editing afterward.

Your own watermark or a copilot watermark?

Did you make the image yourself through your own creative efforts and without assistance? If so, use your own.

If this is AI generated and you did not use your own personal talents to make the image...use a copilot watermark. (because they are the ones that generated the images using the works of other original artist)

Just my personal opinion...if you wanna be safe. I have a feeling the restrictions will only get stronger with time not lesser. I'm not touching this because I think it is going to turn into a mess.

what about giving credit as id like to use some images as textures in games 3d animations?

I got a completely different answer.