AI QUESTIONS AND INDUSTRY GUIDELINES

AI Questions to Ask

• Who is the company who owns the technology? How are they being paid?
• Where are the servers? Cloud hosted servers or local computers? (International? North America? USA? Region? State?)
• What systems outside of this company have access to the images or data?
• Whose images, data and labor were used to train your models?
• Will my images, data or labor being used to train machine learning? If so, how?
• Does anyone assume any ownership or usage rights for data or images I submit or create?
• Does anyone have access to my data or images?
• What security is maintained during transport of images and data?
• Are subsystems constrained to operate within the security perimeter of your organization or do they send data or images outside this secured infrastructure?
• How long are my images or data stored after the AI task I request is complete?
• What cyber insurance do you carry?
• If any of these items change, how will I be notified?
• What personal data do I give up when using their product (IP address, prompts, reference images?)
• Will using AI in my work require me to make changes to my contracts with my client?
• What are my responsibilities as an artist?

Creating Industry Guidelines

• Avoid creating a national news story.
• Create guidelines together before someone does it for us.
• Provide guidelines that would clearly differentiate us.
• Protect privacy and dignity of the people we photograph.
• Sustain the tradition of youth volume photography.
• Exercise good judgment on modifying images.
• Minimize unintended negative effects of modifying images.
• Enjoy increased productivity and ease of doing business.
• Build trust through transparency, clarity and simplicity.
• Honor the identity, uniqueness and essence of each person.

EULA WORDING

Example verbiage to watch for in software End User License Agreements

• By submitting images to the site, you grant [company name] a worldwide, non-exclusive, royalty-free, perpetual license to use, copy, modify, distribute, publish and process the information and content that you provide, without any further consent, notice, and/or compensation to you or others.
• This license includes the right for [company name] to make your User Content available to others for the publication, distribution, syndication, or broadcast on other media and services
• More to come!

Instead, look for verbiage that explicitly commits the company to protect your ownership and privacy of your images and content.

Categories of AI in Photography

• Workflow (cropping, culling, duplicate image detection, etc)
• Image classification
• Data analysis
• Retouching
• Generative AI
• Biometric / Identification / Facial Recognition