Research and Development

Strategic Analysis

Ease of Use and Accessibility- Adobe Express + Firefly technologies offer user-friendly interfaces, making it accessible to a wide range of university employees, even those without extensive design expertise. This ease of use can empower various departments to create impactful web page and social media content independently.

Consistent Branding- The tools can provide templates, style guides, and design elements that adhere to the university's branding guidelines.

Efficiency in Content Creation- With Adobe Express + Firefly, employees can quickly create visually appealing content without the need for extensive training or external design resources.

Customization and Personalization- The technologies allow for customization, enabling individual units or departments to tailor content to their specific needs while still adhering to overall branding guidelines.

Increases in Efficiency and Productivity for University Knowledge Workers-Collaborative features within these tools enable multiple knowledge workers to contribute to the same project seamlessly

Legal Analysis

Terms of Use and Licensing

Ensure that knowledge workers at Orange State University are familiar with Adobe Express and Firefly's terms of use and licensing agreements. Understanding the rights and restrictions related to the commercial use of AI-generated content can aid faculty at Orange State University in abiding by the appropriate use of content.

According to Adobe’s Generative AI user agreement, these are the main guidelines to follow:

“When using our generative AI features, you agree you will use them only for your creative and productivity work product and not to train artificial intelligence or machine learning models.”

1. No AI/ML training: When using Adobe’s generative AI features, Orange State University must agree to use them only for creative and productivity purposes and not to train machine learning models. Furthermore, must not allow third parties to use any data derived from any generative AI features, including Firefly outputs to create, train, test, or improve any machine learning algorithms or systems.

2. Be Respectful and Safe: Orange State University is not permitted to use Adobe’s generative AI features to create, upload, or share inappropriate content that violates the rights of other individuals. This includes and isn’t limited to:

• Pornographic material or explicit nudity
• Hateful or highly offensive content that attacks or dehumanizes a group based on race, ethnicity, national origin, religion, serious disease or disability, gender, age, or sexual orientation
• Graphic violence or gore

3. Commercial Use: Orange State University may use outputs from generative AI features commercially. Nonetheless, if Adobe specifies that a beta version cannot be used commercially, then generated creations are for personal use only and cannot be used commercially

Compliance with Copyright Laws

Adobe Express and Firefly should be used in a way that respects intellectual property rights and avoids copyright infringement. According to the Congressional Research Service, they curated a report updated on September 29th, 2023 in which they confront the topic of whether generative AI outputs should be copyrighted and how generative AI might infringe copyrights in other works.

In September 2022, Kris Kashtanova registered a copyright for a graphic novel curated with images Midjourney generated in response to text inputs. The US Copyright Office, granted her a registration that decided her as “the author of the Work’s text as well as the selection, coordination, and arrangement of the Work’s written and visual elements.” The images themselves “are not the product of human authorship,” and the registration originally granted for the graphic novel has been canceled.

Furthermore, in October 2022, the copyright office initiated cancellation proceedings, noting that Kashtanova didn’t disclose the use of AI. They responded by arguing that the images were made:

A creative, iterative process.

The outcome of this case is, On February 21, 2023, the Copyright Office determined that the images were not copyrightable. Deciding that Midjourney, authored the “visual material”. the Copyright Office issued guidance: AI-generated material where the AI "determines the expressive elements" lacks human authorship and copyright protection.

“When you put your images into a book like Zarya, the arrangement is copyrightable. The story is copyrightable as well as long as it’s not purely AI produced,” she wrote

*not copyrightable: means that it cannot be protected under copyright law. This essentially means that anyone is free to use, reproduce, distribute, or modify that work without permission from the original creator.

This case highlights the complex and ambiguous legal and philosophical issues surrounding AI-generated art. While this case has a particular outcome, Orange State University has to adapt clear and legal framework that balances both human creativity and AI.

Ethical Analysis

Practices to improve inclusivity and to avoid harmful bias- Orange State University staff can promote inclusivity and reduce biases using Adobe Express + Firefly by prioritizing diverse visual elements, incorporating inclusive language, and leveraging accessibility features. Regular training keeps workers updated on features and best practices. Collaboration between staff, and user testing contribute to inclusive content creation. Promoting a culture of inclusivity and consistent bias reviews are crucial for maintaining a respectful environment.

Respecting the community- The university has the opportunity to incorporate Generative AI technologies into Adobe software by establishing defined policies and guidelines that prioritize practices when using AI generated content. This approach ensures the protection of property, for professionals and artists. Additionally conducting training programs can effectively educate the campus community about the implications of AI technologies promoting a culture that values and respects creative contributions.

How to handle the dangers of misinformation and misinterpretation- To tackle the issue of information, in content generated by AI the university should implement content review procedures that combine automated systems with human supervision. Training programs should emphasize the importance of utilizing AI and creating content. It is crucial to establish guidelines for sourcing information, regularly conduct audits and promote media literacy initiatives on campus. These measures are essential for fostering transparency, accountability and encouraging a discerning approach to consuming information.

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