In RIGHTS the Kunstenbond, union for artists and anyone working in the cultural and creative sector, takes a closer look at a legal issue that is essential to the artist's professional practice. This edition an update on AI. Lawyer Jet Hootsmans re-emphasizes why it's important to protect your work from being used by AI and tips on how to arrange that quickly and easily now.
For each text in the rechtReeKs series, the Arts Union chooses an appropriate image made by one of its member artists that has no relation to the issues in the article. This time: Jak Beemsterboer, Reconstruction: Nikita, 27.5 x 33 cm, handmade collage of magazine photographs, 2024.
I think it's high time for an update on artificial intelligence, or AI. I first wrote about it here last November. I described that you can protect your work with an opt-out and gave some tools to do so.
High time for an update on artificial intelligence
Whereas the results of AI programs were not fantastic back then (Chat GPT provided me with a terrible column full of errors), significant improvement has now been seen. In no time, the most insane images, lyrics and songs can be created. Both new and in the style of an existing creator. Just last week I spoke to someone who had created an image with AI that, to his dismay, looked "insanely" similar to an artwork on his own website.
Mind you, I keep repeating it: the results of AI programs are only possible thanks to the efforts of all those human creators whose work is used to train these AI systems. Without this material, which the AI companies have appropriated en masse, these kinds of outcomes would not have been possible. All the while, AI has serious implications for the position of these creators because it threatens to take over their work.
Nevertheless, the improvement in AI programs contrasts sharply with the ability to opt out of AI use. The government still has not developed a guideline on exactly how to use the opt-out, which is a way to opt out of your work and indicate that it should not be used for AI.
How to use the opt-out, which allows you to opt out of your work, so to speak
The opt-out is actually the opposite world as well. Instead of being asked whether your work may be used, you have to indicate that you do not want it. This requires action, which can be complicated and requires vigilance.
See my earlier column, but also consider Meta. In May 2024, it announced new privacy terms regulating that data on all Facebook and Instagram accounts could be used for training AI (including copyrighted material). As a user, you could only get out of this with a substantiated objection that had to be filed within a month of the announcement.
Adobe also came up with new terms and conditions and made it even more bonkers. It provided itself access to all material created, uploaded and imported by users in its programs and gave itself permission to use it itself, including for training AI. The change appeared in a pop-up and the only way to continue working was to accept it. Many probably did this.
A standard that allows you a simple and quick way to prohibit the use of your work by AI
After complaints to several European privacy regulators, Meta's change is off the table for now. Adobe's terms and conditions have also been modified. The move caused such a stir that users cancelled their subscriptions in large numbers. Adobe panicked and a few days after the announcement indicated that it would not use its users' work for AI.
Developments are clearly underway. This also means that you must remain vigilant if you do not want to make your work available (unnoticed) to AI.
Fortunately, there is Opt Out Now! by the Federation Image right, a partnership between Pictoright, professional organizations and unions of image makers.
She has developed a standard that provides a simple and quick way to prohibit the use of your work by AI. Based only on your name, you can exclude your entire body of work here. The Meta and Adobe examples do show that action pays off. The same is true here. The more people using the new standard, the stronger the statement that creators need to regain control of their work.
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