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

Mey Aroyo
28 Jul 202338:48

TLDRThe video discusses the legality and feasibility of selling AI-generated art on various online marketplaces such as Redbubble, Society6, and Etsy. The creator expresses concerns about the sustainability and legitimacy of AI art sales, questioning if these platforms even allow it and if there's actual demand. They clarify that copyright infringement is a separate issue and are not addressing it here. The video is a result of extensive research and direct communication with multiple marketplaces to get clear answers, as online information was confusing and contradictory. The creator emphasizes the importance of checking each platform's policies and the terms of service of the AI tools used to create the art. They also highlight the need for quality and originality in designs. The responses from platforms varied, with some allowing AI art sales, others providing unclear answers, and some emphasizing the responsibility of the artist for the content they upload. The video concludes with a recommendation to use AI as a tool for inspiration or as part of the design process rather than relying solely on AI-generated content for sales.

Takeaways

  • 🚫 **Legality of Selling AI Art**: The legality of selling AI-generated art on platforms like Etsy, Redbubble, and Society6 is not straightforward and can be confusing due to varying policies.
  • 🎨 **Marketplace Policies**: Each marketplace has its own policy regarding AI-generated art, and it is important to check their terms of service for any specific mentions of AI art.
  • 📄 **Stock Photography Restrictions**: Even if a photo is legally purchased for commercial use, it may not be allowed for print-on-demand products on certain platforms like Etsy.
  • 🤖 **AI Art Definition**: AI art is generated using artificial intelligence tools, and whether it is considered 'real art' or not, it is a product of AI technology.
  • ❌ **Trademarks and Copyrights**: Selling AI art that infringes on trademarks or copyrights is not allowed, regardless of the platform's policy on AI art.
  • 💡 **Quality Concerns**: Some platforms, like Spreadshirt, emphasize the importance of the quality of AI art, ensuring it meets their marketplace and community guidelines.
  • 🔍 **Research and Due Diligence**: The video creator contacted multiple marketplaces to inquire about their stance on AI art, highlighting the need for research and clarification.
  • 📧 **Direct Communication**: Reaching out directly to the platforms via email or social media can yield more specific answers regarding the sale of AI-generated art.
  • ✅ **Positive Responses**: Some platforms, like Spreadshirt and Threadless, have shown openness to selling AI art, as long as it adheres to their guidelines and does not infringe on rights.
  • 🚧 **Changing Policies**: It's important to note that policies can change, so what is allowed today may not be tomorrow, and vice versa.
  • ⚖️ **Legal Advice**: The video stresses the importance of consulting with a legal professional for matters concerning copyright law and the use of AI-generated content for commercial purposes.

Q & A

  • What is the main topic of the video?

    -The main topic of the video is the legality and feasibility of selling AI-generated art on various online marketplaces such as Redbubble, Society6, and others.

  • Why is the legality of selling AI art on marketplaces a concern?

    -The legality is a concern because while the AI tools may allow for the creation of art, the marketplaces' terms of service may not explicitly permit the sale of AI-generated art, and there could be potential copyright infringement issues.

  • What does the video creator clarify is not part of the legality discussion?

    -The video creator clarifies that the discussion does not include whether the AI-generated photo itself infringes on anyone's copyrights, as that is a different topic.

  • What is the importance of checking the terms of service for each platform?

    -Checking the terms of service is important because even if an AI art generator allows for commercial use, the platform's policies may prohibit or restrict the sale of AI-generated content.

  • What is the video creator's stance on the term 'AI art generator'?

    -The video creator acknowledges that while some may argue that AI-generated content is not 'true art,' the term 'AI art generator' is a legal term that accurately describes the tool's function, which is to generate art using artificial intelligence.

  • What was the video creator's approach to finding out the policies of different platforms?

    -The video creator researched the platforms' terms of service, reached out to them via email and social media, and even contacted some platforms multiple times to get clear answers regarding the sale of AI-generated art.

  • What is the significance of the response from Spreadshirt regarding AI-generated art?

    -The response from Spreadshirt is significant because it is one of the few clear answers indicating that AI-generated art can be sold on their platform as long as it complies with their marketplace and community guidelines and the quality is good enough for printing.

  • Why did the video creator contact an intellectual property lawyer?

    -The video creator contacted an intellectual property lawyer to get a professional opinion on the legality of selling AI-generated art, although the lawyer's response highlighted the need to consult the specific platform's legal team for accurate guidance.

  • What is the general advice given by the video creator for those looking to sell AI-generated art?

    -The video creator advises not to rely solely on AI-generated art for sales, but to use AI as a tool or starting point for creating designs. They also emphasize the importance of marketing, having a unique style, and understanding the legal aspects of selling on different platforms.

  • What is the video creator's opinion on the future of AI-generated art in the context of traditional art?

    -The video creator believes that the debate over whether AI-generated art is 'real art' is complex and has historical parallels, such as the introduction of animation and digital art. They suggest that definitions and perceptions of art evolve with technology.

  • How does the video creator summarize the situation with AI-generated art and online marketplaces?

    -The video creator summarizes that while some platforms have clear policies or are open to AI-generated art, others provide non-answers or lack specific policies. They also express surprise at the lack of clear guidelines from major companies despite the growing presence of AI art.

Outlines

00:00

🤔 The Legitimacy of Selling AI Art: An Exploration

The video script begins by addressing the widespread claims of earning significant income from selling AI-generated art on platforms like Redbubble. It questions the sustainability and legality of this trend, focusing on the permission to sell such art rather than copyright infringement. The speaker clarifies that they are not a legal expert and emphasizes the importance of consulting a lawyer for legal matters. The video promises to clear up the confusion surrounding the legality of selling AI art on various marketplaces, including Redbubble, Society66, Imprint, Zazzle, and others.

05:01

🔍 Researching the Legality: A Multi-Platform Inquiry

The speaker details their research process, which involved reaching out to multiple online marketplaces to inquire about the legality of selling AI-generated art. They highlight the lack of clear information on this topic and the contradictions found in various articles. The script outlines steps taken, including searching for terms of service, FAQ sections, and direct communication with platforms like Redbubble, Spreadshirt, and others. The speaker also mentions the importance of considering quality for printing and avoiding copyright infringement.

10:03

📄 Terms of Service and AI Art: A Tangled Web

The paragraph delves into the complexities of terms of service regarding AI art across different platforms. It discusses the challenges faced when trying to get a straightforward answer about the legality of selling AI art. The speaker recounts their interactions with various platforms, including T-public, which did not provide a clear answer, and Displayed, which had a complicated process involving a chatbot. The paragraph emphasizes the importance of respecting intellectual property rights and the need for artists to confirm ownership of the artwork they submit.

15:04

🚫 Navigating Permissions and Copyrights in AI Art Sales

This section discusses the responses received from different platforms regarding the sale of AI-generated art. It highlights that while some platforms like Spreadshirt and Threadless allow the sale of AI art, others like Fine Art America did not provide a clear response. The speaker points out that even when a platform permits AI art, artists must ensure they have the necessary rights and that the content does not infringe on copyrights or trademarks. The paragraph also mentions the importance of checking the terms of service of the AI art generator tool used.

20:05

🤨 Redbubble's Evasive Response and the Reality of Online Marketplaces

The speaker expresses frustration with Redbubble's lack of a direct response to their inquiry about selling AI art. They discuss the broader implications of online marketplaces and the responsibility placed on artists to ensure they have the rights to the content they sell. The paragraph also touches on the commercial nature of platforms like Redbubble and the need for artists to conduct their research regarding intellectual property rights before uploading and selling their work.

25:06

🏗️ Building a Business with AI Art: A Call for Caution and Quality

The final paragraph serves as a conclusion and a call to action. It surprises the speaker that some platforms, like Society6, allow AI-generated art, while others provided non-answers or required further investigation. The speaker advises against uploading a large volume of AI art without consideration, as sales are unlikely without existing demand or a strong marketing strategy. They encourage using AI as a tool for inspiration or as part of a design, rather than relying solely on AI-generated content for commercial success. The paragraph ends with a reminder of the evolving nature of art and technology and a nod to future discussions on the topic.

Mindmap

Keywords

💡AI Generated Art

AI Generated Art refers to artwork that is created with the assistance of artificial intelligence. In the context of the video, it is a central theme as the speaker discusses the legality and practicality of selling such art on various online marketplaces. The video explores whether these platforms allow the sale of art that is not solely created by human hands but with AI tools, which has implications for the future of art and commerce.

💡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 video as one of the places where the legality of selling AI generated art is questioned. The speaker's inquiry about Redbubble's policy on AI art reflects the broader debate on the acceptance of AI-generated content in commercial markets.

💡Etsy

Etsy is a global marketplace for unique and creative goods, often associated with handmade and personalized items. The video discusses whether AI generated art can be sold on Etsy, which traditionally values handcrafted work. The platform's stance on AI art is significant as it could potentially shift the perception of what constitutes 'handmade' in the digital age.

💡Copyright Infringement

Copyright Infringement occurs when someone uses copyrighted work without permission or in a way not allowed by law. The video touches on this legal issue in the context of AI art, emphasizing that even if a marketplace allows AI art, artists must ensure they do not infringe on existing copyrights. This is a critical aspect when using AI tools that generate images which might inadvertently replicate copyrighted material.

💡Intellectual Property Rights

Intellectual Property Rights are legal rights that protect creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. The video discusses the importance of these rights in relation to AI generated art, as artists need to confirm they own the rights to the AI-created content or have the necessary permissions to sell it on various platforms.

💡Print on Demand (POD)

Print on Demand is a business model where products are not manufactured until an order is received, reducing the need for inventory and storage. The video explores the intersection of this model with AI generated art, as many online marketplaces like Redbubble and Etsy operate on a POD basis, making them potential platforms for selling AI art.

💡Marketplace Guidelines

Marketplace Guidelines are the rules and policies set by online platforms that govern what can be sold and how sellers should operate. The video investigates these guidelines across different platforms to determine the legality of selling AI art, highlighting the need for sellers to adhere to each marketplace's specific terms and conditions.

💡Society6

Society6 is an online platform that allows artists to sell their artwork on various products. The video reveals that Society6 permits the sale of AI generated art, provided the artist has the rights to the content created by the AI. This stance is surprising to the speaker, given Society6's reputation for supporting 'true artists,' and it opens up a debate on the value and authenticity of AI-created works.

💡Zazzle

Zazzle is another online marketplace that enables artists to sell their designs on a wide range of products. The platform's content guidelines, as mentioned in the video, explicitly allow for the tagging of AI-generated content as 'generative,' indicating a forward-thinking approach towards incorporating AI technology in creative commerce.

💡Creative Fabrica

Creative Fabrica is a platform for digital crafting, which is mentioned in the video as a place where AI art can be sold, provided it is uploaded to the designated AI generated category. This requirement demonstrates the platform's recognition of AI art as a distinct category, necessitating clear labeling for consumers.

💡Legality

Legality in the context of the video refers to whether the sale of AI generated art complies with the laws and regulations of the marketplaces and the terms of service of the AI tools used to create the art. The speaker emphasizes the importance of understanding and adhering to these legal aspects to avoid potential issues with selling AI art commercially.

Highlights

The legality of selling AI-generated art on various platforms is a topic of confusion with contradicting information online.

Many assume selling AI art is allowed without considering the specific policies of each marketplace.

The video aims to clarify whether selling AI art is permitted on platforms like Redbubble, Society6, and Etsy.

The presenter contacted multiple marketplaces to inquire about their stance on AI-generated art sales.

It's important to distinguish between the legality of the AI art creation process and potential copyright infringement.

Etsy has a policy against stock photography but has not explicitly addressed AI-generated art.

Spreadshirt responded positively to AI art, as long as it complies with their marketplace and community guidelines.

TeePublic's response was vague, not directly addressing the legality of selling AI art on their platform.

Society6 confirmed the legality of uploading AI-generated artwork, provided the artist has the rights to the content.

Threadless features shops using AI art, indicating their allowance of such content.

Redbubble did not provide a clear answer regarding the legality of AI art, suggesting further research by the artist.

Imprint and Zazzle have specific guidelines about AI art, with Zazzle requiring tagging of generative content.

Creative Fabrica allows AI art to be sold on their platform as long as it's uploaded to the correct category.

FY, a new marketplace, has not provided clear guidelines on the sale of AI art.

Amazon's policies regarding AI art are unclear, with no response from the company despite multiple inquiries.

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

AI-generated content should be used as part of a design, not as the entirety, to ensure originality and appeal.

The presenter will release a video detailing various ways AI art and tools are utilized in their creative process.