You need to make sure you have the rights to what you train AI on.
Launching games on Steam might become problematic if you use machine-made assets there. Game developer baobaozi89 shared on Reddit that Valve refused to publish their game because it contains AI-generated content. The company said developers need to have rights to everything, including the images used to train the model.
baobaozi89 planned to improve some AI-made assets later, before releasing the game, but Valve didn't let it happen.
Here is the message baobaozi89 received:
"Hello,
While we strive to ship most titles submitted to us, we cannot ship games for which the developer does not have all of the necessary rights.
After reviewing, we have identified intellectual property in [Game Name Here] which appears to belongs to one or more third parties. In particular, [Game Name Here] contains art assets generated by artificial intelligence that appears to be relying on copyrighted material owned by third parties. As the legal ownership of such AI-generated art is unclear, we cannot ship your game while it contains these AI-generated assets, unless you can affirmatively confirm that you own the rights to all of the IP used in the data set that trained the AI to create the assets in your game.
We are failing your build and will give you one (1) opportunity to remove all content that you do not have the rights to from your build.
If you fail to remove all such content, we will not be able to ship your game on Steam, and this app will be banned."
The creator changed the content in question so you can't tell it's machine-made anymore, but Valve still denied their request "since it’s unclear if the underlying AI tech used to create the assets has sufficient rights to the training data."
The company seems to have taken its time to try and figure out the legal side of the content as the letter came over a week later when usually baobaozi89's projects are approved in a couple of days. The developer suggested Valve doesn't have a standard approach to AI-generated games yet as there are some Steam games that explicitly mention the use of AI art.
This situation is a pretty significant move on Valve's part considering the concerns artists, developers, and other professionals have about AI using their work for training.
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