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| 1 minute read

Indemnity Protection from AI Platforms is Coming!

It was interesting to recently hear that Microsoft will pay legal damages on behalf of customers using its artificial intelligence (AI) products if they are sued for copyright infringement for the output generated by such systems. Notably, the indemnification is only for copyright infringement claims and doesn't include other third-party claims like right of publicity or trademark. But it's a good start towards protection.

One of the biggest worries that brands and content creators have had over Generative AI is: how are we going to be protected in the event the platform that we use are using generates infringing work?    

Getty Images also just recently debuted a generative AI tool, which in contrast to rival text-to-image engines, was trained only on licensed content from Getty's own creative collection.  Getty says that "customers creating and downloading visuals through the tool will receive Getty Images’ standard royalty‑free license, which includes representations and warranties, uncapped indemnification, and the right to perpetual, worldwide, nonexclusive use in all media."

Another big worry has been what the Generative AI platforms will do with the content developed by users. Getty has addressed that by indicating that "content generated through the tool will not be added into existing Getty Images and iStock content libraries for others to license. Further, contributors will be compensated for any inclusion of their content in the training set."

Customers creating and downloading visuals through the tool will receive Getty Images’ standard royalty‑free license, which includes representations and warranties, uncapped indemnification, and the right to perpetual, worldwide, nonexclusive use in all media

Tags

entertainment & ip litigation, brand protection, intellectual property, litigation, technology