Is It LEGAL to SELL AI Generated Art on Etsy, RedBubble, Society6 & Other Marketplaces?

Mey Aroyo
28 Jul 202338:48

TLDRThis video investigates the legality of selling AI-generated art on various online marketplaces such as Etsy, RedBubble, and Society6. The creator, not a lawyer, shares insights from direct communications with these platforms to determine if they allow sales of AI art. The findings reveal a mixture of clear permissions, ambiguous responses, and outright rejections, depending on the marketplace's policies on copyright and intellectual property. Additionally, the video emphasizes the importance of understanding each platform's specific guidelines and the need for artists to ensure they hold appropriate rights to their AI-generated works.

Takeaways

  • 🚫 The legality of selling AI-generated art is not about copyright infringement but whether it is allowed on various marketplaces.
  • 🤔 There is confusion and contradiction in the information available online about the legality of selling AI art on platforms like Redbubble, Society6, and others.
  • 📜 The terms of service for different platforms do not always explicitly mention AI art, leading to ambiguity.
  • 💡 The video creator contacted multiple marketplaces to clarify their stance on AI-generated art sales.
  • ⚖️ Legal advice from a lawyer is recommended for specific legal matters rather than relying on information from non-experts.
  • 🔄 Policies regarding what can be sold on marketplaces can change, as seen with Etsy's changing rules.
  • 🚫 Using trademarked phrases or copyrighted characters in AI art can lead to bans regardless of the art being AI-generated.
  • 🎨 Some platforms like Spreadshirt and Threadless are open to AI art as long as it adheres to their guidelines and does not infringe on copyrights.
  • 🛍️ Society6 and Creative Fabrica allow the sale of AI-generated art, with Society6 explicitly stating that artists have the rights to the AI-created content.
  • 🤖 AI art generators themselves may have terms of service that restrict commercial use, so it's important to check these before selling the art.
  • ❗️ The video emphasizes the importance of not just mass-uploading AI art without consideration for quality, marketing, and the platform's policies.

Q & A

  • Is it legal to sell AI-generated art on various online marketplaces?

    -The legality of selling AI-generated art varies by platform. Some marketplaces like Spreadshirt and Society6 allow it as long as the art does not infringe on copyrights and meets quality standards, while others like Redbubble did not provide a clear answer. It is important to review each platform's terms of service and guidelines.

  • What are the considerations when using AI art for commercial purposes?

    -When using AI art for commercial purposes, it is crucial to ensure that the AI-generated content does not infringe on any copyrights or trademarks. Additionally, the quality of the art must be suitable for the intended use, such as printing on merchandise.

  • How does the speaker feel about the responses received from the marketplaces regarding AI-generated art?

    -The speaker expresses frustration with the lack of clear and direct answers from many of the marketplaces. They found it surprising that some platforms did not seem to have established policies regarding AI-generated art.

  • What advice does the speaker give to those looking to sell AI-generated art online?

    -The speaker advises against uploading a large volume of AI-generated art with the expectation that it will sell on its own. Instead, they recommend using AI as a tool to inspire or start the design process and then adding personal touches to make the art unique and marketable.

  • Why does the speaker believe that some companies may not have clear policies regarding AI-generated content?

    -The speaker suggests that companies may avoid establishing clear policies because doing so could limit the variety of products available on their platforms, which could potentially reduce their profits.

  • What is the importance of checking the terms of service for the AI art generator tool used?

    -It is important to check the terms of service of the AI art generator tool to ensure that the generated art can be used for commercial purposes. Some tools may restrict the use of their generated content to personal use only.

  • How does the speaker describe their experience with contacting multiple marketplaces about AI-generated art?

    -The speaker describes the experience as a lengthy and challenging process, involving numerous attempts to get clear answers. They express humor and irony about the effort it took to gather the information.

  • What is the speaker's opinion on the use of AI-generated art as a standalone product?

    -The speaker believes that AI-generated art, used as is, is less likely to sell successfully. They advocate for the integration of AI-generated content into a larger, more personal creative process.

  • What does the speaker suggest about the future of AI-generated content in the art market?

    -The speaker suggests that AI-generated content will continue to be a part of the art market but stresses the importance of using it as a part of the creative process rather than as a complete replacement for human creativity.

  • Why did the speaker decide to contact multiple marketplaces about their policies on AI-generated art?

    -The speaker was motivated to contact multiple marketplaces due to the conflicting information available online about the legality and sustainability of selling AI-generated art. They sought to clarify the situation for their own understanding and to inform others.

  • How does the speaker view the role of AI in the creative process?

    -The speaker views AI as a tool that can enhance creativity, increase efficiency, and improve skill sets. They believe AI should be used as a starting point or for inspiration, rather than as the sole creator of a final product.

Outlines

00:00

🤔 Exploring the Legitimacy of Selling AI Art

The video script begins by addressing the skepticism around the profitability of selling AI-generated art on platforms like Redbubble. It shifts the focus away from the financial viability to the legality and sustainability of selling such art. The speaker clarifies that the discussion will not revolve around copyright infringement but rather on whether selling AI art is permitted on various marketplaces. The script highlights the confusion in the information available online and the speaker's intention to seek clarity by contacting multiple marketplaces.

05:01

🔍 Investigating Legality Across Platforms

The speaker details their research process, which includes checking the terms of service of various platforms and reaching out to them directly for clarification on the legality of selling AI art. The response from Redbubble is highlighted, where the platform neither confirms nor denies the legality, instead advising the speaker to ensure they have the rights to the content. Other platforms have more explicit policies, with some allowing AI art under certain conditions, while others remain ambiguous or do not respond.

10:03

📄 Terms of Service and Copyright Concerns

The script emphasizes the importance of understanding the terms of service for each platform and the potential copyright issues that may arise from selling AI-generated art. It also touches on the need to consider trademark infringement and how using trademarked phrases or characters in AI art can lead to bans regardless of the art being AI-generated.

15:04

💡 AI Art Generators and Their Legal Terms

The speaker discusses the necessity of checking the terms of service for the AI art generators themselves, as some may restrict commercial use. They highlight that while some platforms may allow AI art, the specific AI tool used to create the art must also permit commercial use. The script mentions the need for consent from both the tool and the marketplace to sell AI art.

20:05

🚫 Navigating Non-Answers and Ambiguities

The speaker expresses frustration with the lack of clear answers from some platforms and the generic responses that did not address the specific question about AI art. They recount their attempts to get definitive answers, only to be met with non-responses or advice to consult a legal team, which they found unhelpful.

25:06

🤨 The Reality of Selling on Redbubble and Other Platforms

The script delves into the speaker's experience with Redbubble, where they did not receive a clear answer regarding the sale of AI art. It contrasts this with other platforms that provided more straightforward responses. The speaker also discusses the broader implications of these platforms' policies on independent artists and the potential for monetization.

30:07

📈 Marketing and the Importance of Quality

The speaker advises against uploading a large volume of AI art with the expectation of sales, emphasizing the importance of marketing and establishing a niche. They suggest using AI-generated content as part of a design process rather than as the final product. The script also mentions the speaker's intention to create a comprehensive guide on using AI tools in their work.

35:07

🤓 Final Thoughts on AI Art and Its Impact

In the concluding part, the speaker shares their final thoughts on the use of AI in art, discussing the broader ethical considerations and the evolution of what is considered 'art' over time. They encourage viewers to watch a previously created video on the rise of AI for a deeper exploration of these topics. The speaker ends with a note of thanks for the viewers' engagement and their commitment to further exploration of AI in their future content.

Mindmap

Keywords

AI Generated Art

AI Generated Art refers to artwork that is created with the assistance of artificial intelligence. It is a rapidly evolving field where AI algorithms generate visual content based on prompts given by the user. In the video, the legality and marketability of selling such art on various online platforms are discussed. An example from the script is the mention of using AI tools like Midjourney, NightCafe, or Creative Fabrica to create images that can be sold on marketplaces.

Redbubble

Redbubble is an online marketplace that allows artists to sell their designs on various products such as stickers, t-shirts, and phone cases. The platform is mentioned in the context of whether it is permissible to sell AI-generated artwork on it. The video explores the legality and potential market for such sales.

Copyright Infringement

Copyright infringement occurs when someone uses copyrighted material without permission from the rights holder. The video emphasizes the importance of ensuring that AI-generated art does not infringe on any copyrights. An example from the script is the caution against using trademarked phrases or characters like Mickey Mouse in AI art.

Marketplaces

In the context of the video, marketplaces refer to online platforms where artists and designers can sell their work, such as Redbubble, Society6, and Etsy. The legality and policies regarding the sale of AI-generated art on these platforms are a central theme of the video.

Terms of Service

Terms of Service are the legal agreements between a service provider and its users. The video discusses the importance of checking these terms when selling AI-generated art to ensure compliance with the platform's rules. An example from the script is the mention of Etsy's terms of service, which require that sellers make their designs themselves, raising questions about the use of AI in the creative process.

Intellectual Property

Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols. The video touches on the rights of artists and third parties concerning the AI-generated artwork they create and sell. An example from the script is the discussion about ensuring that artists own the intellectual property rights to the AI-generated designs they submit to marketplaces.

Society6

Society6 is an online platform where artists can sell their artwork on various products. The video reveals a surprising stance from Society6, which allows the sale of AI-generated artwork as long as the artist has the rights to the content created by the AI. This is contrary to some viewers' expectations based on Society6's reputation for supporting 'true artists'.

Etsy

Etsy is a global marketplace for unique and creative goods, often associated with handmade and personalized items. The video explores the question of whether AI-generated art can be sold on Etsy, with the platform's support team indicating that it is permissible as long as the artist has the right to use the image.

Print on Demand (POD)

Print on Demand is a business model where products are only produced when a customer orders them, reducing the need for inventory. The video discusses the application of AI-generated art in the context of POD services, with platforms like Redbubble and Society6 being examples of POD marketplaces.

AI Art Generator

An AI Art Generator is a tool that uses artificial intelligence to create artwork based on user input. The video mentions several AI art generators, such as Midjourney, NightCafe, and Creative Fabrica, which are used to create designs that artists may want to sell on various marketplaces.

Legality

Legality in the context of the video refers to the lawfulness or permissibility of selling AI-generated art on different online platforms. The script explores the confusion and contradictions in information regarding the legality of such sales, emphasizing the need for clarification from the platforms themselves.

Highlights

The legality of selling AI-generated art on various marketplaces is a topic of confusion and contradiction.

Many platforms do not explicitly address the sale of AI art in their terms of service.

The video aims to clarify whether it is permissible to sell AI art on platforms like Redbubble, Society6, and Etsy.

The distinction between legality and copyright infringement is important when discussing AI art sales.

Using stock photography for AI art on platforms like Etsy is not allowed, even if the photo has commercial use rights.

The presenter contacted multiple marketplaces to inquire about the legality of selling AI-generated art.

Spreadshirt responded positively, stating that AI art can be sold as long as it complies with their guidelines.

TeePublic's response was unclear and redirected the presenter to consult an intellectual property specialist.

Display said that their verification system does not concern the art style or technique, including AI-generated art.

Zazzle has a clear policy allowing AI-generated content as long as it is tagged appropriately and adheres to quality standards.

Society6 confirmed that AI-generated artwork can be uploaded as long as the artist has the rights to the content.

Threadless features shops using AI art, indicating that AI art is allowed on their platform.

Redbubble did not provide a clear answer regarding the legality of selling AI art on their platform.

Imprint's website indicates that items entirely made with AI cannot be posted for sale.

Creative Fabrica allows the sale of AI art as long as it is uploaded to the correct category.

Etsy's stance on selling AI art is affirmative, pending further investigation by their higher team.

Amazon (Merged by Amazon) has not provided a clear response regarding the sale of AI-generated art.

The presenter advises against uploading AI art en masse without consideration for marketing, style, and niche.

AI-generated content should ideally be used as a part of a larger design, not as the entire product.