We are always grateful for your constant submission of excellent works to PIXTA.

Under the PIXTA Terms of Use, we have provided third parties with the Content uploaded by the Contributor Members as machine learning training data for image recognition AI and other similar technologies such as face recognition models and other similar models. On the other hand, while we are authorized by you to provide the Content with third parties for the machine learning purposes in general and with no restriction, as a practical matter, we have taken a cautious approach in providing third parties with the Content as training data for image-generating AI models as we have previously explained to you, the Contributor Members. Please see our post
in which we explained about machine learning.

However, the need for training data for machine learning has been increasing in recent years at PIXTA, and we have received more and more inquiries if our Contents may be used as training data for generative AI. Considering the increasing need for machine learning training data for generative AI, we have decided to be engaged in providing the Content for machine learning training data for generative AI as indicated below.

As the environment surrounding visual contents changes dramatically due to the prevailing generative AI, we expect that sales or licenses for machine learning datasets including those for generative AI models will become a substantial portion of our sales in the future. As rules for AI development and issues about AI and copyright are being prepared domestically and internationally, we would appreciate it if the Contributor Members would understand such recent usages of the Content which may support the visual contents business in the future.

However, we understand that some of you are concerned about the impact of generative AI. Therefore, we hereby set an opportunity for the Contributor Member who wishes, by notifying us through the following form, to exclude the use as training data for generative AI from the license scope of the Contributor Member’s Content, which is otherwise within the scope of the authorized method of our usage of Contents under the current PIXTA Term of Use.

Please note that if you don’t explicitly instruct us to exclude your Contents from being used for generative AI by submitting the form designated by us, the Content may be sold or licensed as training data for generative AI without prior further notice, and the Earned Credits as set forth below will be granted. Please also note that even if you exclude the Content from being used as training data for generative AI by notifying through the form, the Content may still be used as training data for machine learning purposes such as image recognition models etc. (excluding generative AI models).

■Purposes of Use etc.

i. For purposes of machine learning and AI technologies and similar or related technologies, the Content and the Related Information may be reproduced, transmitted, made available to the public for transmission, used for data analysis and machine learning etc. and may be used in other ways as stipulated in the Article 23, Paragraph 2 of the PIXTA Terms of Use.

ii. Use for data analysis and machine learning may include reproduction etc. for any and all types of generative AI and Retrieval-Augmented Generation (RAG) etc., including cases where the Content may be displayed in connection with such data analysis and machine learning etc.

■Compensation etc.

i. Regarding the Content sold for the purposes specified above, we will pay such compensation as specified below:
The amount will be paid by converting into the Earned Credit, calculated according to the proportion of the Content included in the machine learning datasets against the amount equivalent to 20% of the amount after deducting related expenses (including, but not limited to, server costs, exchange fees, etc.) from the amount (excluding tax) we received as the fee for the Content from the purchasers etc. However, the compensation specified herein is not paid each time. We aggregate such compensation each fiscal year (January 1 to December 31 of each year), and close the book on the last day of the fiscal year, and in principle the compensation in the form of the Earned Credit will be granted in bulk to the Contributor Member’s account on or before the last day of January following the closing day.

ii. The total amount of compensation granted in the Earned Credit will be displayed in the section under the title of “Other Sales” of the Contributor Member’s account page. The details such as the item number of the Content licensed and purposes therefor will be saved or managed internally by us and will not be disclosed to the Contributor Member.

iii. The sales results for the Content sold for the purposes specified herein will not be reflected in the Contributor Rank System.

■The Content etc. subject to the Terms and Conditions herein

Photos, illustrations, and footage, and metadata accompanying such photos and the like, available under the Subscription in PIXTA as of 22 Apr 2024 (excluding those photos and the like the Contributor Members explicitly exclude from being used for generative AI in the manner as described above)

■Deadline of Notification

By 22 Apr 2024 at noon (JST). 

The Contributor Member can take the procedures to exclude in the account page of PIXTA whenever.

https://pixtastock.com/mypage/setting_use_generative_ai

We will use the Content according to your submission or non-submission of your declaration of intent by the above deadline.
If you submit the Form multiple times, the last submission will be registered as your valid declaration of intent.
The Form will be closed after the above deadline, so please use the separate inquiry form for any inquiries after the closure of the Form.
If the Contributor Member changes or indicates intention to exclude after the above deadline, certain time shall be required before the indicated intention is reflected.

FAQ

Q. Will any user who purchases the Content online in PIXTA be able to use the Content for generative AI machine learning?

A. At licensing the Content as machine learning training data for generative AI, we are planning to enter into individual license agreements with respective clients after receiving inquiries or requests for such use for generative AI from the respective clients, and at this moment, we don’t have any plan to sell the Content for generative AI to an unspecified number of users.

If you have any questions, please do not hesitate to be in touch with us through the following contact form. Thank you.