'No creator can accept this': Adobe sparks controversy with terms of service update for AI usage

Adobe's recent notification about a terms of service (TOS) update has sparked widespread outrage online. Users, compelled to accept the new terms to continue accessing Adobe's apps and services, interpreted the update as granting Adobe the right to freely access and use their work to train AI models.

The notification specified that Adobe had “clarified that we may access your content through both automated and manual methods” within its TOS. It directed users to a section stating that “techniques such as machine learning” may be used to analyse content to improve services, software, and user experiences. This update went viral, with creatives fearing Adobe's vague language implied it would use their work to train Firefly, Adobe’s generative AI model, or access sensitive projects under NDA.

In response to the backlash, Adobe has published a blog post to address these concerns and reassure its users. “Our commitments to our customers have not changed,” Adobe stated, confirming that the company does not train Firefly on customer content or assume ownership of a customer’s work. “Firefly generative AI models are trained on a dataset of licensed content, such as Adobe Stock, and public domain content where copyright has expired.”

A comparison of the TOS before and after the update reveals minimal changes to the policy. The inclusion of “machine learning” is not new and has been part of the TOS for years. This terminology, though vague, has long been associated with AI technology in tools like Photoshop’s Content-Aware Fill and Lightroom’s Select Subject. Interestingly, the updated language has been live since February, with Adobe only recently notifying users of the change.

Scott Belsky, Adobe’s chief product officer, acknowledged on X (formerly Twitter) that the wording in the notification was “unclear” and mentioned that the company’s legal team was addressing concerns about the ambiguous language. “Adobe has had something like this in TOS for over a decade,” said Belsky. “But trust and transparency couldn’t be more crucial these days.”

An X user Sasha Yanshin posted, "I just cancelled my Adobe licence after many years as a customer. The new terms give Adobe "worldwide royalty-free licence to reproduce, display, distribute" or do whatever they want with any content I produce using their software. This is beyond insane. No creator in their right mind can accept this. You pay a huge monthly subscription and they want to own your content and your entire business as well. Going to have to learn some new tools."

Adobe has faced criticism over the years, especially from individual creatives who feel the company no longer prioritises their interests. The shift from a one-time purchase model to recurring subscriptions and allegations of monopolistic practices have tarnished its image. Last year, regulators' concerns effectively forced Adobe to abandon its attempt to acquire Figma. Despite the availability of similar software from other brands like Affinity, Adobe's products are often considered the “industry standard” and are challenging to avoid in professional settings.