The truth of it all.
The title of this blog sounds harsh, but in life, we need to look at facts rather than assumptions based on opinions we make. The goal of this blog is to help artists and other creatives understand their rights – so they can make the right choices for themselves.
Artists and creatives online are upset about Instagram and Facebook planning to use their images to train AI, but artists already gave away those rights when they signed up for either platform.
The Legalities Matter
Your opinion does not matter once you have legally agreed to something by signing up. If you disagree with the terms later, it doesn’t change the fact that you have a legal obligation to follow them.
Like any other platform or website, they have a legal obligation to provide you with a privacy policy, terms of use, or any other legal documentation that outlines how they will use your information and what they do with that information.
When you sign up for something, it is your legal obligation to read that information. For example, people are concerned that Facebook and Instagram are using their artwork, imagery and content to train their AI. However, anybody who signed up for both platforms has already basically given their rights away to do so from the very beginning. As an artist and owner of a tech business, I moved my focus to Patreon and YouTube – but not everyone has.
Numerous artists still use Facebook and Instagram every day to promote their work, art shows and events, connect with collectors, and encourage sales of their work.
Below is a snippet of the legal jargon that is written in Facebook’s terms for review. These terms have been exactly the same since the beginning, and nothing has changed.
Although they don’t claim ownership over your images and content, they definitely have the right to use it however they wish. You have licensed them to do so the minute you signed up.
Permissions You Give to Us
“As part of our agreement, you also give us permissions that we need to provide the Service. We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.”
Permission to Use Your Username, Profile Picture, and Information About Your Relationships and Actions with Accounts, Ads, and Sponsored Content
“You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Facebook Products, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Instagram. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content.”
Unpredictable Outcomes
While it’s true that no one could have foreseen social media platforms using your content to train AI, it’s understandable to feel upset about it.
However, it’s important to recognize that by agreeing to the platform’s terms and conditions, you effectively grant them the right to use your content in various ways, including for AI training. This means that, although it can be distressing, you have consented to their actions by signing up and using the service.
It’s crucial to be aware of the terms you agree to when using any online platform. If you don’t want your content used in ways you disagree with, consider carefully reading the terms and conditions and making informed choices about where and how you share your work.
Statistics on AI Art Usage and Trends
Since the boom of AI art, there has been a significant increase in the collection of data and statistics. These statistics are essential for understanding the various facets of AI art and its impact on the creative industry. Here are some statistics to ponder below. Also, if you are interested in more, you can find them here on this website.
Image-generating by AI is part of the bigger segment of Artificial Intelligence, known as “generative AI.” Generative AI represents a huge market, valued at $66.66 billion in 2024, and it’s forecast to reach $207 billion in 2030. – Tech Report
48% of American millennials and 42% of Gen Z-ers believe AI-generated art should be considered real art. – Tech Report
56% of Americans who saw AI art enjoyed it, and 34% are of the opinion that it’s better than human-created art. – Tech Report
What if if don’t want my content used to train AI? What can I do?
First, you can go to the Have I Been Trained Website to see if you artwork has trained AI. Just understand that even if your name or artwork does not pop up, does not mean your art has not trained AI.
Also, if you are concerned about the use of your content, it is recommended that you stop using the platform and deactivate your account. Here’s how you can do this:
Log into your account on the platform.
- Navigate to the account settings or privacy settings section.
- Look for an option to deactivate or delete your account. This is often found under security or privacy settings.
- Follow the instructions provided to confirm the deactivation or deletion of your account.
- By doing this, you can prevent any further uploads and potentially limit the accessibility of your existing content on that platform.
Removing Content from the Internet
To ensure maximum protection, it is suggested that you remove any of your existing content from the internet. Here are the steps you can take:
- Identify all the platforms where your content is posted, including social media, blogs, forums, and any other public platforms.
Log into each account and navigate to your profile or content management section. - Delete each piece of content individually. This could be posts, images, videos, comments, or any other type of content you have shared.
- Check the platform’s help section for any specific instructions or tools to remove your content, as some platforms offer bulk deletion options.
- Contact the platform’s support team if you have trouble finding or deleting your content.
Limited Protection for Public Content
The reality of the internet is that once content is posted publicly, controlling its use becomes very difficult. Here are a few points to keep in mind:
- Public content can be accessed and used by various entities, including AI developers, who may use it for training or other purposes.
- Even after deletion, some content might still be accessible through cached versions or archives like the Wayback Machine.
- To minimize exposure, avoid posting sensitive or proprietary content publicly. Use privacy settings to restrict who can view your content when possible.
Facebook and Instagram are wrong for doing this to artists and creatives.
Just because Facebook and Instagram do this doesn’t mean it’s right, and it doesn’t mean that I agree with what they’re doing because I’m writing this blog.
The point of this blog is not to form an opinion but to provide facts to artists and creators so that they can make better decisions about what they want to do with their art and how they want to protect it in the future in this ever-changing landscape of being a creator in a digital world.
Although this was already a challenge for artists, the introduction of Meta stating that it will use the content on both Instagram and Facebook to train AI has gotten people very upset.
Overall, most creators did not realize they already gave their rights away before this announcement ever happened. So this is important to point out for review and consideration.
Can I Opt-Out of My Art Being Trained on Facebook and Instagram AI?
It’s now time to really look over your rights on all platforms and either stay and agree to the terms or leave the platform.
While people in Europe can opt-out, those of us in the US will have our posts used for AI training, whether we like it or not.
European users can go to the Settings page on the Instagram or Facebook app, then navigate to About > Privacy Policy. There, you’ll find a new box with information about Meta AI, including a link to an opt-out form called Right to Object.
In the US, there’s no way to opt-out. The only option is to leave the platform. So this is a hard decision many creatives are going to have to make.
What are my other social media options?
When social media becomes overwhelming, it’s essential to choose platforms that work best for you. I focus most of my energy on Patreon. I do post on Facebook and Instagram when it involves galleries and my art collective, but I don’t spend much time on those platforms because they drain me.
Finding a new platform can sound daunting, and I’m not interested in that right now.
However, there’s a growing trend in the artist community to leave Instagram and Facebook for Cara. Cara was created by photographer Jingna Zhang and is committed to opposing AI-generated art.
I also joined Cara, like every other platform, to secure my name so no one else can take it. However, as a portfolio site and a replacement for ArtStation and DeviantArt, I’d rather use my own website for now. I was never on ArtStation or DeviantArt anyway.
For you, Cara might be a new avenue to explore, or you can look into other platforms that are available. Just do a quick Google search. You can also check out “The 12 Best Social Media Platforms for Artists and Designers.”
Conclusion
Understanding the legal implications of using social media platforms is crucial for artists and creatives. While it’s understandable to feel upset about platforms like Instagram and Facebook using your content to train AI, it’s important to recognize that by agreeing to their terms, you have given them the right to do so.
Making informed decisions about where and how you share your art is essential in today’s digital landscape. By understanding your rights and the implications of platform policies, you can better protect your work and make choices that align with your values and goals as a creative professional.
