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The Current OneBookShelf AI Art Policy

Anyone selling anything on DriveThruRPG.com should read their whole page of policies, but relevantly for AI art, the currently-final policy is in place regarding using Tool- and AI- art in products and how they need to be notated.

I like this version much better than previous draft.

You can find the full text at the link (https://onebookshelfpublisherservice.zendesk.com/hc/en-us/articles/227866467-Product-Standards-Guidelines), but I’ve copied the bit crucial for this issue below.

Tool- and AI-Generated Images

The following policy applies only to titles listed by publishers on DriveThruRPG. Other sites and community programs are, for now, exempt from these rules. 

3rd Party Tool-Generated Images

All product listings that feature art or maps generated using a tool or service designed to reduce or offset the artistic process (such as donjon, Inkarnate, or Dungeondraft) are required to utilize the Format > Creation Method > 3rd Party Tool-Made title filter, except in the following instances:

  1. the tool uses only art assets that you have created by hand;
  2. the art has undergone additional processing or modification post-generation (such as animating generated maps or tokens, painting and compositing over content, etc.); or
  3. the product is expressly approved by OneBookShelf.

AI-Generated Images

All product listings that feature art created automatically by an AI-generation tool meant to bypass or replace human artistry, such as ArtBreeder, MidJourney, NightCafe, etc. are required to utilize the Format > Creation Method > AI-Generated title filter, except in the following instances:

  1. the art has undergone significant processing/modification post-generation; or
  2. the product is expressly approved by OneBookShelf.

Note for AI-Generated Stock Art

Titles containing any art rendered by AI-generated tools that are sold as “Stock Art” (under the Product Type > Publisher Resources filter) must also display the following statement in their product description:

This product contains assets that were, wholly or in part, procedurally generated with the aid of creative software(s) powered by machine learning.

Titles that do not comply are subject to removal from the marketplace. Repeat offenders may have their publishing permissions revoked.”

Given the unsettled nature of the legal status of copyright on art made with AI, it makes perfect sense to me to want to make sure customers buying stock art (which they will presumably use in their own products), be aware of the nature of the product they are purchasing.

As with all things AI art I’m keeping an open mind and continuing to research and consider, but overall I support this policy given where we are in the cycle of AI art and legalities, and how it focuses on stock art a customer may use in their own products.

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I have a Patreon. It helps me carve out the time needed to create these blog posts, and is a great way to let me know what kind of content you enjoy. If you’d like to see more essays on industry issues (or more rules for other game systems, fiction, storytime posts, game design articles, worldbuilding tips, whatever!), please join for just a few bucks and month!

If you prefer, you can drop a cup of support in my Ko-Fi. It’s like buying me a cup of coffee, but more convenient!

AI Images as References for Live Artists

So, I’ve written a few articles on my exploration of human-prompted, AI-generated images. There is going to be more and more public discussion about this, and I think articles like this one at Kotaku, are important to read and consider. Of course, such articles are generally an undifferentiated mix of fact and opinion, but even where I disagree with the opinions I want to be open to them and see if any new points of view or data are presented that may alter my current position on the issues.

I also want to keep exploring various possible ways to use human-prompted, AI-generated images. One of the things I’ve mentioned is the idea of using such an image as a visual reference for an artist.

So, I did.

Here is an image of a lich I got from prompts fed into MidJounrey.

(Generated from prompts I fed into MidJourney)

I really like this image, including it’s sartorial style, but there are (at least currently) significant limitations I’d have to contend with if I wanted to use this commercially. Not the least of those is I have no way of creating different images of the same being.

So, what if I gave this as a reference to an artist I like? (And, you know, pay them to create more art.)

So, I took this to Jacob Blackmon and asked if he was willing to participate in my experiment (at his standard rate). He was, and sent me this sketch:

(Art by Jacob Blackmon, a living professional artist and great person.)

This highlights two of the things I love about working with Jacob. First, he did a LOT of design work in this piece, flowing from the reference image, but absolutely building well beyond either it or even standard fantasy lich images. Secondly, his sketch stage has enough detail for me to see where he is going and give useful feedback or ask for alterations. In this case, I gave an immediate thumb’s up.

So, that brought us to this, Jacob’s final.

(Yep, also by Jacob Blackmon)

This is awesome, it shows Jacob distinct and developing style, I love it, i can use it, Jacob got paid for it, and it would not have existed without MidJourney returning the top image in response to prompts I gave it. It’s not a duplicate of the original (nor did I ask for it to be), but it clearly uses that image as the umping off point for a new design.

I like this result, and can easily see going this route again. It remains to be seen how issues of legality, ethics, and public opinion shake out on any use of human-prompted, AI-generated images, but I found this a useful project to help me explore my own thoughts on the subject.

And, in this case, it put money in the pockets of an artist I like, which is always a plus.

Speaking Of Money…

I have a Patreon. It helps me carve out the time needed to create these blog posts, and is a great way to let me know what kind of content you enjoy. If you’d like to see more essays on industry issues, or Pathfinder 1st or 2nd edition, 5e, or Starfinder content (or more rules for other game systems, fiction, storytime posts, game design articles, worldbuilding tips, whatever!), try joining for just a few bucks and month and letting me know!

If you prefer, you can drop a cup of support in my Ko-Fi. It’s like buying me a cup of coffee, but more convenient!

AI Art As Writing Prompts

So, I generated this image using MidJourney.

(Created by me using MidJourney)

That image is at least as good as many I have seen in ttRPG gear books, and would make a great tripod security robot, or battle armor for a 3-legged species, or mecha for someone who pilots it from a chest cockpit.

But none of those things were what I was going for. Moreover, at least at current iterations, AI image generators can’t give me that same figure mixed with others, or in a different position, or holding a different gun. If I want any of that, I am much better off paying a living artist. So I expect living artists to be a crucial part of my business needs for the foreseeable future.

Right now, I’d say 80% of the useable art I get isn’t exactly what I asked for, or is background without characters. Other people are doing better, but I can only analyze where I am.

Which means a lot of these images end up being writing prompts if I want to use them in a commercial product. I have the skill to do that, and in one sense it meets my needs — if I set out to create a product I can generate images to build the game material or fiction off of until i have all I need, then write to the images. But I can also already do that with stock art. The upside of stock art is that it’s often easier to get things in the same system, there is an original artist I can go to commission variations if I end up needing them, and a copyright definitely exists (though not, for example, for public domain stock art). The advantages of the AI prompt are that it won’t have been overused before I release my product with it, and it may be cheaper. But it also may not be subject to copyright (see my last article on this subject), which would mean once it was out, anyone could reuse it. Again, much like stock art.

And, of course, I could use the AI generated images as writing prompts, then pay an artist to create new images using the AI image as a reference, which is going to have a mix of pros and cons that won’t be clear until case law is better settled, but it certainly less risky than pure AI images.

If I decide to use AI images for commercial products, I strongly suspect they’ll mostly end up being used for the same sorts of purposes as stock and public domain art. I haven’t taken that plunge yet, and may never do so, but I can see how these would become one more tool. I can’t see how they could replace all the artists I regularly give money to, even if I wanted to do so.

(This is an editorial. No part of this article is covered by the OGL.)

Speaking Of Money…

I have a Patreon. It helps me carve out the time needed to create these blog posts, and is a great way to let me know what kind of content you enjoy. If you’d like to see more essays on industry issues, or Pathfinder 1st or 2nd edition, 5e, or Starfinder content (or more rules for other game systems, fiction, storytime posts, game design articles, worldbuilding tips, whatever!), try joining for just a few bucks and month and letting me know!

If you prefer, you can drop a cup of support in my Ko-Fi. It’s like buying me a cup of coffee, but more convenient!

More Thoughts On AI Art Legalities

Okay, let’s be sure to start with these points:

*I am not a lawyer. This is not legal advice.

*I have not yet used AI-generated art for any commercial purpose other than one image on this blog for editorial example, but I am currently of the opinion that I ethically, morally, and practically can in some circumstances.

*I have already written one article on AI-generated art, but the question is getting a lot of attention, so I may well post more as new thoughts get proposed and articles written and (if it ever happens) legal cases settled. So far, that still covers my current position on the issues.

But, it’s absolutely worth looking at other people’s thoughts.

Here’s another article on the legal questions of commercially using AI-generated art, by Lauren Panepinto. It’s extremely important to read the notes after the article, since she corrects a few items herself. Also, her core assumption that if something has no copyright, you can’t use it in a commercial fashion is, IMHO, entirely 100% baseless. There is no law anywhere that says art without copyright can’t be used commercially.

For example, there is a photo a macaque took of itself, and a legal case (Naruto v. David Slater et al.) determined that image was created 100% without human intervention, and thus never had any copyright. However, that didn’t mean no one use it commercially (and, in fact, the case was brought because someone was using it commercially and someone else wanted to stop them from doing so). The commercial concern using the photo was not directed to stop. The ruling of the case was, in fact, that they could do so, and didn’t have to pay anyone for the right.

Art having no copyright (for whatever reason) means EVERYONE can use it commercially — you can’t prevent someone else from using it too. And, of course, if you get an AI image and yourself make changes to it, even that stops being an issue. (Though I personally believe it will be determined that using prompts you input of your own creativity into an AI to generate images is going to be seen as the same as using a Spirograph — the end result is created by human input, and thus copyrightable.)

Now the question of whether art that builds algorithms from online image archives is considered derivative, that *would* cause the art to be unusable in commercial context. However, as Panepinto notes, it seems likely this will go the way of similar legal claims against google Images which, so far, has not had lost any case claiming they must pay for archiving images Google doesn’t own the copyright to. (And yes, I mean it’s likely to go that way for both ethical and legal reasons — as long as an AI isn’t making collages using bits of other art, but instead looing at online images to create a process by which it can draw images from prompts without using those assets, it is to me no different than a living artist looking at and learning from existing art, which artists do all the time.)

Also, there’s an article going around people are claiming means AI-generated art cannot be copyrighted by anyone. That’s not what that legal case determined. The applicant in that case claimed the art had been created by an AI 100% autonomously (with no human input at all), and wanted the AI to be legally acknowledged as the creator, claiming he would then own the copyright because he owned the machine. The ruling so far is that if the AI created the image “without any human help,” then no copyright does or can exist for the image.

The case did not look at what level of human help is needed for something to qualify for copyright protection, since that was not at issue. I suspect entering prompts and selecting images to get variations on will be determined to be enough for the prompt-issuer to receive copyright. But even if that’s not how that goes, the art can still legally be used commercially, you just couldn’t stop someone else from doing so.

This is a complex and developing area of law and ethics, and while I know where I come down on the issue so far, I’m studying and considering as new arguments and discussions come out, and not only has it not yet reduced my level of ongoing financial patronage to living human artists, I do not foresee it ever doing so as I believe there will always be things living artists are better at, and thus it is in my own best interest to keep the community of them paid and healthy.

Speaking of Being a Patron to Maintain a Healthy Industry of Creatives…
I have a Patreon. It helps me carve out the time needed to create these blog posts, and is a great way to let me know what kind of content you enjoy. If you’d like to see more essays on industry issues, or Pathfinder 1st or 2nd edition, 5e, or Starfinder content (or more rules for other game systems, fiction, storytime posts, game design articles, worldbuilding tips, whatever!), try joining for just a few bucks and month and letting me know!

If you prefer, you can drop a cup of support in my Ko-Fi. It’s like buying me a cup of coffee, but more convenient!

My (Current) Thoughts on AI Images

There are numerous AI (“artificially intelligent”) programs designed to allow someone to use text prompts and maybe a few simple other buttons to generate images that have never existed before. People have been playing with them for years, and the fact they were improving has been clear for a long time, but in my opinion they have taken a major leap forward suddenly and recently. As with any disruptive technology, this opens a number of cans of worms, and some of those worms seem likely to crawl into the game industry sooner, rather than later.

This broke open for me last month, when I used prompts to produce the following image using Midjourney — an AI image creation program, that allows you to enter text prompts and style notes, ask it to create variants of options it presents, and eventually upscale a thumbnail to a higher-res image. I pay for access to Midjourney, and for the rights to use the images it creates with my prompts in commercial products.

(Prompt and variation choices by me, using Midjourney, and who to credit here is one of the fundamental questions of AI art)

I was blown away that my effort to use prompts to have Midjourney return an image of a dungeon entrance, such as was of the right quality and style I could use it in a professional ttRPG adventure, was successful. I had been sharing images I created on social media that were much less successful, so I shared this one as well, with the comment “So, this is the first MidJourney AI image I’ve prompted that I believe I can use as-is for a ttRPG product. It’d make a great cover, even.”

It would have been more accurate to say it was the first image I thought I *could* use, since I had no immediate plans to do so, but I said what I said. While the response has evolved as more people replied, the early pushback referred to my suggesting I would put that image in a product as “anti-art,” “unethical,” and “gross.”

I wanted to dig into those responses, so I tried to ask leading and clarifying questions. I likely should have waiting longer before replying, because my knee-jerk responses to being called gross can be more confrontational than I prefer to make my professional communications. having taken more time, and having had a number of conversations with different people in a number of different places, I thought compiling my current thoughts and positions in one place would be a good move.

As a starting point, I recommend anyone interested in the question of the history, legality, and morality of AI art read the recent Engadget article by Daniel Cooper ” https://www.engadget.com/dall-e-generative-ai-tracking-data-privacy-160034656.html. The article doesn’t try to definitely settle any issues, but it’s a good rundown of what some of the big questions are.

Speaking of big questions, I was asked a lot of them when I publicly declared I had AI art I can put in a product. I don’t want to call out anyone specifically in a venue where they can’t reply (and I absolutely do not want to encourage anyone to engage in people I disagree with online in anything other than a polite and professional manner, so please don’t), so I have tried to summarize my position on big questions below. Given there are public links to this article, it’s fair game for anyone who wants to debate or disagree with any of my thoughts or statement.

We should all acknowledge there are unsettled legal and ethical questions about AI-generated images. For example, AIs are trained by looking at images online, almost always without compensating the owner of those images, or asking permission. However, the AI do not just remix existing visual elements, nor copy them into a database and go back to grab pieces of them. They look at existing art as references, to learn from them. I do not see an ethical difference between that and a living artist doing the same thing, which is commonplace and well-accepted.

Another common concern is that art generated by an AI may take jobs from existing traditional artists. Such concerns have been raised by new technologies before, including photography and Photoshop. Pragmatically, I note that as of time of writing this, my art budget has not been reduced at all by my use of Midjourney (and this article is the only “professional” product I have such images in atm, and only because it is crucial to understanding why I am even discussing this). I pay several artists, to the tune of several thousand dollars a year, and do not foresee that going down at all. Midjourney can do many amazing things, but at least in my hands it can’t produce something like a recognizable band of adventurers, especially not reproducing them in multiple different illustrations.

However, that pragmatic note aside, I do not accept the argument that my using an AI to create my own art is an ethical or moral failing on my part. The system requires input and decisions from me to generate art I can use, and I do consider the images in question to be “art,” even if a machine was substantially used in its creation. All the mechanical aspects of fixing an image with a camera are machine labor, and it is accepted as art. If I created an image with a spin art machine, or a spiralgraph, that is accepted as art. Nor is the claim that I am unethically avoiding paying artists convincing to me. I can and have used public domain images in commercial products, and that neither puts money in any artist’s hands, nor inspires anyone to claim I am being immoral.
I absolutely understand the concerns of professional artists that this new technology may make their careers more difficult, or even impossible. I have seen the same AI-driven changes begin to influence how professional text is generated and sold. The program Grammerly is used by at least one company I am aware of to replace one human editing pass, and I have been told other places use it in place of any paid editor. Things like resumes and ad copy have AIs dedicated to producing them, and that trend is only going to grow.

In my opinion the answer to those challenges is to work for a world where creators don’t have to depend on companies paying them to create what those companies want, and constantly working to do so as cheaply as possible (as opposed to claiming that finding a cheaper way to obtain images is immoral, which would also apply to using stock art for example, which I do all the time). I suspect this problem is going to spread, farther and faster than expected, and no effort to convince the world to not use it is going to be enough to save creators that can be replaced by it. Those answers may include seeking direct patronage from fans (such as through Patreon and Ko-Fi), a Universal Basic Income, or some other answer no one thinks of using every truck driver, warehouse worker, delivery and transportation job, and basic manufacturing employment begins to be eliminated due to Ais doing it cheaper.

But this technology is not going away, and I suspect it will always have things it does not do as well as living artists. At the moment, I am exploring what it can and can’t do, and I am continuing to research, consider, and come to my own conclusions. There are risks involved in adopting any technology early, and I am weighing them. For example, without paying a much higher subscription fee, my Midjourney art can be seen and used by others with the license, so I have no exclusivity. Further, if the courts decide these images are being created by a machine, rather than being created by humans using machines, there’s a good chance that legally they will be impossible to copyright, adding another layer of complication for using it commercially.
On a personal level, I am enjoying many of the images I created as things to look at. I enjoy creating art this way, and am growing to appreciate the skill it takes to do so. Like silkscreen, quilting, coil pottery, or tie-dye it’s a very different kind of skill, but that’s not on its own enough to say it isn’t art.

So, on AI art I know what camp I’m in but, obviously, not everyone is going to agree. This tech is happening, so it’s worth learning and thinking about. I don’t currently have any plans to actually put AI art into commercial products, but I’m, absolutely using it for my own entertainment and in social media posts. I’m still considering how to proceed in cases where AI art looks like it may be a good match for a product’s needs, and may use it as the basis for human artist efforts, or as underpainting for more traditional art, or as-is, or as-is but paying an artist extra money for each AI piece I use in a form of patronage just to keep the human artist industry vibrant, both out of love of art and (pragmatically) because I believe a healthy visual creative field is necessary to make the best possible game products, even with access to AI-generated images.

Speaking of Being a Patron to Maintain a Healthy Industry of Creatives…
I have a Patreon. It helps me carve out the time needed to create these blog posts, and is a great way to let me know what kind of content you enjoy. If you’d like to see more essays on industry issues, or Pathfinder 1st or 2nd edition, 5e, or Starfinder content (or more rules for other game systems, fiction, storytime posts, game design articles, worldbuilding tips, whatever!), try joining for just a few bucks and month and letting me know!

If you prefer, you can drop a cup of support in my Ko-Fi. It’s like buying me a cup of coffee, but more convenient!