EyeEm Will License Users' Photos To Train AI If They Don't Delete Them

Sarah Perez reports via TechCrunch: EyeEm, the Berlin-based photo-sharing community that exited last year to Spanish company Freepik after going bankrupt, is now licensing its users' photos to train AI models. Earlier this month, the company informed users via email that it was adding a new clause to its Terms & Conditions that would grant it the rights to upload users' content to "train, develop, and improve software, algorithms, and machine-learning models." Users were given 30 days to opt out by removing all their content from EyeEm's platform. Otherwise, they were consenting to this use case for their work. At the time of its 2023 acquisition, EyeEm's photo library included 160 million images and nearly 150,000 users. The company said it would merge its community with Freepik's over time. Despite its decline, almost 30,000 people are still downloading it each month, according to data from Appfigures. Once thought of as a possible challenger to Instagram -- or at least "Europe's Instagram" -- EyeEm had dwindled to a staff of three before selling to Freepik, TechCrunch's Ingrid Lunden previously reported. Joaquin Cuenca Abela, CEO of Freepik, hinted at the company's possible plans for EyeEm, saying it would explore how to bring more AI into the equation for creators on the platform. As it turns out, that meant selling their work to train AI models. [...] Of note, the notice says that these deletions from EyeEm market and partner platforms could take up to 180 days. Yes, that's right: Requested deletions take up to 180 days but users only have 30 days to opt out. That means the only option is manually deleting photos one by one. Worse still, the company adds that: "You hereby acknowledge and agree that your authorization for EyeEm to market and license your Content according to sections 8 and 10 will remain valid until the Content is deleted from EyeEm and all partner platforms within the time frame indicated above. All license agreements entered into before complete deletion and the rights of use granted thereby remain unaffected by the request for deletion or the deletion." Section 8 is where licensing rights to train AI are detailed. In Section 10, EyeEm informs users they will forgo their right to any payouts for their work if they delete their account -- something users may think to do to avoid having their data fed to AI models. Gotcha!

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