Image Creator from Designer: Terms of Use and commercial use

Question

Hello there,

The current Terms of Use of the "Image Creator from Designer" dated November 14, 2023 (https://www.bing.com/new/termsofuseimagecreator) do not contain any information of a commercial or personal use of the images created with it.

The old Terms of Use of the Bing Image Creator (not Designer!) from August 4, 2023 (https://www.bing.com/new/termsofuse) only allow personal, non-commercial use of images created.

However, these Terms of Use explicitly refer to the "Bing Image Creator" and not to the "Image Creator from Designer". Both Terms of Use contradict each other.

The answer of the last question ("What can I do with the images I create with Image Creator?") on the "Image Creator from Designer" FAQ (https://www.microsoft.com/en-us/edge/features/image-creator) also suggest commercial use is allowed: "...you can further edit your generated images and turn them into designs like digital cards, posters, social media posts are more."

The same FAQ says "Bing Image Creator is now Image Creator from Designer.". So the Terms of Use of the "Bing Image Creator" should not be relevant anymore for new created images with the "Image Creator from Designer".

Did I understand this right so far?

Answer 1

I have the same questions as OP and other commenters. My words and ideas comprise the IP for creating any images. The AI is a tool, just like Paint, Canva, Adobe and other programs that can be used to create images. The main difference as I see it is that instead of the tool (program) understanding how I want to shade or highlight and doing the work in the background when I use a pen and select shading tools from a menu I use words to generate the image at a higher level than pixel by pixel.

Once I learn more about the "Terms of Use, Service, Etc." I will reevaluate my intention to use the created images on a website, and in some printed materials and on YouTube, etc.

While I understand the copyright issue from the artist perspective, especially if I use a prompt to create an image like "name your artist", I also know that all the folks taking art class and learning how to create art like "name your artist" based on looking at actual artwork or books and having a teacher explain how it was done are not facing the same issue. Unless, of course, they create an image that looks like an existing work. Mona Lisa by any other artist for example.

Answer 2

Hello Purzelkater,

I am Jaspreet Singh.

While the terms have been edited to remove the "non commercial usage ban" policy there is a term that states

"You warrant and represent that you own or otherwise control all of the rights to your content as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content."

Regarding the commercial use how will you ensure this? Personal usage does not require this since there will be no intellectual property theft issue.

Answer 3

Hello Jaspreet.
I am a bit confused as to what the "content I have provided" is. Are we talking about the prompt here? So if I have written my own prompt, do I have commercial rights to the generated image?