New TOS?! We no longer allowed to make awesome wallpapers/re-gen our chars with AI?

[WaifuJanna.9108]

What? Or does this apply to public content creation/influencers?🤕

No-More fashion wars?
No-More upscaling 1080p screenshots to 4k? Guess we have to buy 4k monitor now 😞

Please some clarification, on what the target audience/goal is. This limiting the creative player-base. Also what is regarding content created in the past?

Let's asume person X created a Chibi Avatar of their GW2 character and tattooed it on their wrist.. What now?

 

What is the policy regarding screenshots taken before 2015? Back in the days they where bmp files.

Edited February 24 by WaifuJanna.9108

[Zebulous.2934]

I am not a qualified legal expert.

I am fairly certain that you just can't sell things that contain actual company assets.  I doubt that cosplayers would get a cease and desist.  Lewd fan art and commissions are also probably safe.  Difficulty might arise if someone ripped character models and posed them in another program.  They would then have to try and sell the result for that to matter. 

AI trained from screenshots or from a ripped model poser seems more grey.  Owning the derivative images should be fine.  Selling and distributing those images might not be fine.  Though "inspired by gw2" sounds like it would work.

Selling tattoos is perfectly safe, I would place them in with hand drawn fan art.

Copyright provisions are there to make sure that Anet legally retains ownership of the brand.  

I would think that the only major infringement would from the mass selling of content that directly used game resources.

Maybe don't sell GW2 screenshots as wallpapers?  Don't print screenshots onto merchandise to sell either?

Owning derivative stuff without selling it should be fine.

I am not a qualified legal expert. 

Edited February 24 by Zebulous.2934

[WaifuJanna.9108]

12 minutes ago, Zebulous.2934 said:

I am not a qualified legal expert.

I am fairly certain that you just can't sell things that contain actual company assets.  I doubt that cosplayers would get a cease and desist.  Lewd fan art and commissions are also probably safe.  Difficulty might arise if someone ripped character models and posed them in another program.  They would then have to try and sell the result for that to matter. 

AI trained from screenshots or from a ripped model poser seems more grey.  Owning the derivative images should be fine.  Selling and distributing those images might not be fine.  Though "inspired by gw2" sounds like it would work.

Selling tattoos is perfectly safe, I would place them in with hand drawn fan art.

Copyright provisions are there to make sure that Anet legally retains ownership of the brand.  

I would think that the only major infringement would from the mass selling of content that directly used game resources.

Maybe don't sell GW2 screenshots as wallpapers?  Don't print screenshots onto merchandise to sell either?

Owning derivative stuff without selling it should be fine.

I am not a qualified legal expert. 

I dont want to sell anything, only want to know if i can use AI to upscale my screenshots and print them out and put them on my walls as posters 😄 

Thats why it would be nice if Ruby Bayer explain it more detail, what's allowed and what not.

Edited February 24 by WaifuJanna.9108

[Randulf.7614]

Prob not if that AI then retains that data as part of its ongoing learning.

[Zebulous.2934]

If Op doesn't sell posters made with that AI.  Then I don't see any infringement.  Maybe isolate that profile in the generative program so that it doesn't influence projects that you intend to sell later.

Generating for personal use is fine.  Distribution and sales are not fine without licensing.

I am not a qualified legal expert.

[Parasite.5389]

OP, you're going to need to provide some sources, because i've checked all the legal document that were updated in Oct '23, and can't find any mentions of AI

[Healix.5819]

It just says not to use their stuff in AI if you're going to post it.

Here's the relevant part:

Quote

2.2.3 Obligations.

If you submit User Content, you must abide by the following:

i.(d) do not input Our Content into generative AI tools like Midjourney, Dall-E, ChatGPT, AudioCraft, etc.

“User Content” means all content, media, and materials users submit to us, whether via the Services or through other means.

“Services” means ... offered by ArenaNet

“Our Content” means art, in-Game content, and similar materials owned or licensed by ArenaNet.

 

[zeyeti.8347]

34 minutes ago, WaifuJanna.9108 said:

I dont want to sell anything, only want to know if i can use AI to upscale my screenshots and print them out and put them on my walls as posters 😄

Well maybe you are honest , but outside not everybody is like that , i think a lot of companies has done this with the arise of AI, can undertsand they want to protect their work , i have already seen a mobile game advertising great combat mechanic with dragons etc ... and guess who was on the thumbnail : destroyer from krakatorrik , or maybe it was just his twin from another artist who had the exact same idea of concept for a dragon .... ok that sarcasm was a bit to obvious.

Anyway if you keep your work to your own and just post it on free website or print if for yourself i think you are out of trouble , anet just don't want their work being used for money by another tier person or be used for something else than gw 2

Edited February 24 by zeyeti.8347

[kharmin.7683]

1 hour ago, WaifuJanna.9108 said:

I dont want to sell anything, only want to know if i can use AI to upscale my screenshots and print them out and put them on my walls as posters 😄 

Thats why it would be nice if Ruby Bayer explain it more detail, what's allowed and what not.

Ruby is probably not on the Anet legal team, so she probably wouldn't be able to answer this for you.  Maybe submit a ticket to Support and they can pass it along to the relevant people.

[WaifuJanna.9108]

57 minutes ago, Parasite.5389 said:

OP, you're going to need to provide some sources, because i've checked all the legal document that were updated in Oct '23, and can't find any mentions of AI

 

[Lucy.3728]

56 minutes ago, Healix.5819 said:

It just says not to use their stuff in AI if you're going to post it.

Here's the relevant part:

 

So we can alter everything ourselves but not use an AI?

Weird?

[Taclism.2406]

16 minutes ago, Lucy.3728 said:

So we can alter everything ourselves but not use an AI?

and we can feed the world's personal data to AIs but god forbid we use copyrighted material 

Irony aside, this means nothing. The law hasn't caught up with AI and unless its blatant copyright infrigement, its all a giant grey area. Seems like an attempt at futureproofing their tos - since that problem will only get worse as AI improves 

[Parasite.5389]

Quote

i. You may Use Our Content if you

• (a) Use Our Content and the User Content in a non-commercial context for private, personal Use only,
• (b) include appropriate attribution to us,
• (c) acknowledge that you have no right to Our Content,
• (d) do not input Our Content into generative AI tools like Midjourney, Dall-E, ChatGPT, AudioCraft, etc., and
• (e) do not present the User Content as officially sanctioned by or professionally associated with us. We have the right to require removal of Our Content for any reason.

Quote

“Our Content” means art, in-Game content, and similar materials owned or licensed by ArenaNet.

 

okay, so heres the clause in question; lets break it down and see how it affects your examples

3 hours ago, WaifuJanna.9108 said:

No-More upscaling 1080p screenshots to 4k? Guess we have to buy 4k monitor now

the Content (the screenshot) hasn't changed, and as you've stated, it's attainable with a 4k monitor, meaning theres no reasonable way for a company to determine that it was upscaled

3 hours ago, WaifuJanna.9108 said:

Let's asume person X created a Chibi Avatar of their GW2 character and tattooed it on their wrist.. What now?

pretty much covered by "Use Our Content and the User Content in a non-commercial context for private, personal Use only,"; a Tattoo is personal use, not really sure why you would bring this up

3 hours ago, WaifuJanna.9108 said:

What is the policy regarding screenshots taken before 2015? Back in the days they where bmp files.

you can still take Screenshots in s ,bmp format, and this isn't affected by the policy.

now lets take a look at what the policy actually means for most people:

• (a) Use Our Content and the User Content in a non-commercial context for private, personal Use only, (You're not using licenced content for profit)
• (b) include appropriate attribution to us, (It is clear that this is Guild Wars 2 content and you're not trying to pass off (for example) a Charr as your own creation)
• (c) acknowledge that you have no right to Our Content, (pretty self explanitory, you didn't make any of the in-game assets or offical art covered under "our Content")
• (d) do not input Our Content into generative AI tools like Midjourney, Dall-E, ChatGPT, AudioCraft, etc. (this is for the Artists under the employ of Arenanet, to protect Their works from being Stolen/Scraped or misused)
• (e) do not present the User Content as officially sanctioned by or professionally associated with us. (if you create far art, you cannot claim it is officially licenced GW2 content)

Edited February 24 by Parasite.5389

[DanAlcedo.3281]

People can't steal art anymore? 

Ohh noooo. 😐

[Trejgon.9367]

Yeah to me it sounds like an attempt to protect themselves from generative AI starting to print IP infringing concent by the merit of being trained off of IP protected content. Because everything you put into those public AI tools may and will be used to train further those models.

[Teknomancer.4895]

4 hours ago, Taclism.2406 said:

and we can feed the world's personal data to AIs but god forbid we use copyrighted material 

Irony aside, this means nothing. The law hasn't caught up with AI and unless its blatant copyright infrigement, its all a giant grey area. Seems like an attempt at futureproofing their tos - since that problem will only get worse as AI improves 

This is almost certainly what it's about. I really doubt they care if anyone prints a hi-def screenshot to hang a poster on the wall.

They don't want their content being used to train the AI without being comped for that usage.

Pretty sure the copyright concern is far more about the AI-data-import part than the user-content part.

[Arianth Moonlight.6453]

On 2/24/2024 at 5:57 AM, Parasite.5389 said:

do not input Our Content into generative AI tools like Midjourney, Dall-E, ChatGPT, AudioCraft, etc., and

so, no more kitten-erotic fanfiction of Rytlock X Logan? Dang...

[The Greyhawk.9107]

Oh, what a kitten shame.

[QueenKeriti.5176]

9 hours ago, Arianth Moonlight.6453 said:

so, no more kitten-erotic fanfiction of Rytlock X Logan? Dang...

Gotta make it manually now; no more cold unfeeling computer AI barrier between you and the glory of erotic Rytlock x Logan fanfiction to protect you from your sins. 😂

[Remus Darkblight.1673]

On 2/24/2024 at 9:37 AM, WaifuJanna.9108 said:

I dont want to sell anything, only want to know if i can use AI to upscale my screenshots and print them out and put them on my walls as posters 😄 

Thats why it would be nice if Ruby Bayer explain it more detail, what's allowed and what not.

Suffice to say, you're going to be safe doing this.

The reason such clauses are put into things like user agreements are to protect the service provider in the event of a dispute. It isn't to say that they will come after every person putting screenshots into an AI to upscale them for personal use. But if you do, and you somehow profit from it or your work becomes associated with a narrative they disagree with, they have legal grounds to take action because you agreed in advance that you wouldn't do it.

I am not a lawyer and this is not legal advice.

Edited February 26 by Remus Darkblight.1673
I am not a lawyer

[Danikat.8537]

14 minutes ago, Remus Darkblight.1673 said:

Suffice to say, you're going to be safe doing this.

The reason such clauses are put into things like user agreements are to protect the service provider in the event of a dispute. It isn't to say that they will come after every person putting screenshots into an AI to upscale them for personal use. But if you do, and you somehow profit from it or your work becomes associated with a narrative they disagree with, they have legal grounds to take action because you agreed in advance that you wouldn't do it.

I am not a lawyer and this is not legal advice.

It's probably also so they have grounds to go after the AI companies when GW2 characters, locations etc start showing up in AI generated images because anything you feed into them gets stored as part of their database for reuse later on. (And yes that includes your personal images too.) They can prove the person who provided the image didn't have permission to do so.

But yeah, for most users it's like when concert tickets say "no moshing" in the terms and conditions. They won't actually stop you doing it, but if you get hurt you can't sue the venue or the promoters because you were doing something they'd told you not to do.

[Remus Darkblight.1673]

20 minutes ago, Danikat.8537 said:

They won't actually stop you doing it, but if you get hurt you can't sue the venue or the promoters because you were doing something they'd told you not to do.

Not only did they tell you not to do it, you agreed not to do it. That's the critical bit here with ToS/EULA clauses. It puts them in a very strong position legally, provided they aren't asking you to waive any kind of statutory consumer rights.

Edited February 26 by Remus Darkblight.1673

[GeraldBC.4927]

20 minutes ago, Danikat.8537 said:

It's probably also so they have grounds to go after the AI companies when GW2 characters, locations etc start showing up in AI generated images because anything you feed into them gets stored as part of their database for reuse later on. (And yes that includes your personal images too.) They can prove the person who provided the image didn't have permission to do so.

But yeah, for most users it's like when concert tickets say "no moshing" in the terms and conditions. They won't actually stop you doing it, but if you get hurt you can't sue the venue or the promoters because you were doing something they'd told you not to do.

It's probably an attempt to prevent brand poisoning, in case people decide to make offensive images with GW2 characters. 

[uberduber.7368]

Not sure what AneraNet hopes to accomplish with this. If it's to prevent Generative AI Tools from training on their content, there's plenty of videos and live streams available for them to do so. GW2 Twitch drops are live right now btw.

Whatever the goal is, I believe the section on Generative AI Tools is overly broad.