DALL.E, licensing, or how do you use DALL.E 2?

Thanks to DALL.E 2, it is possible to create new graphics and images as well as modify existing ones based on a text description.

How do you use DALL.E 2?

To use DALL.E 2, you must create an account and accept the basic DALL.E 2 rules.

Under the DALL.E 2 Terms of Use (in other words, the Regulations), by submitting text to DALL.E 2 the user grants the owner of the DALL.E 2 software (OpenAI) and its affiliates a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use the user's content (the resulting graphics, dotlaw's note) for any purposes related to OpenAI, in any form, medium, or technology now known or developed later.

In other words, by creating graphics using DALL.E 2, the user consents to the software owner using the created graphics, modifying them, as well as sublicensing them to others.

It is therefore worth emphasizing that even when an exceptional graphic is created based on the text you provided: (I) the author of the text is not the holder/owner of the copyright to that graphic, (II) it is not excluded that someone other than the author of the text will also use that graphic.

But what does this mean in practice?

In practice, this means that if you want to use DALL.E 2 in any activity, whether creative or strictly professional, you need to seriously consider what kind of graphics you want to use DALL.E 2 to create.

We want to draw your attention to two issues.

License First, as we mentioned, a license is granted to the owner (described in the Terms of Use).

As a result, the owner may dispose of the created graphics.

Artificial intelligence and copyright Second, under copyright law, a work within the meaning of these provisions is a product that is the result of human activity.

Consequently, graphics created using AI systems cannot be regarded as works within the meaning of copyright law, and therefore cannot be considered to enjoy the protection guaranteed by these provisions**.

Summary DALL.E 2 is an artificial intelligence system that creates graphics and images which can then be used in your activity, both professional and creative.

DALL.E 2 creates graphics and images based on the text description provided.

When using DALL.E 2, you should keep in mind the rules set out in the Terms of Use.

By creating graphics using DALL.E 2, a license to the resulting graphics is granted to the owner, who may sublicense them to other entities.

The key issue in professional, creative, or occupational use of DALL.E 2 is the purpose the resulting graphic is meant to serve. ** In accordance with the meaning of Article 1 of the Act on Copyright and Related Rights: "The subject of copyright is any manifestation of creative activity of an individual character, established in any form, irrespective of its value, purpose, or manner of expression (a work)." Creative activity of an individual character requires a human factor.

In other words, a work, as A.

Niewegłowski states in the commentary Copyright Law.

Commentary, Warsaw 2021: "A work is a manifestation of human activity.

Having met the conditions set out in the provision, a natural person may bring about the creation of a subject of copyright.

Products generated by computer applications that imitate the human creative process (so-called artificial intelligence) do not constitute a work.

For a given result to be regarded as a work, a human must have a decisive influence on its creation (giving it the features that make it creative and individual in character)." Do you have a question?

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