Tumblr, AI, and The Impossible Year
I'm very disappointed by the news that Tumblr's content is going to be used to train AI. with a default Opt-In and questionable means of opting out. As an artist, this is something I cannot abide. From January 1, 2012 to January 1, 2014 I shot and posted a Polaroid photograph a day to this site, and when the pandemic hit in 2020 I resumed in April of that year and carried through (although less strictly) until May of 2021.
This was all posted to theimpossibleyear.tumblr.com / theimpossibleyear.com. It was a personal blog, and a deeply personal project. I showed what I was doing every day for multiple years.
There are literally hundreds of people featured throughout this project. Friends, family, colleagues, some of whom I had fallings out with, and some whom have since passed away.
These folks did not consent to have their likenesses used to train facial recognition algorithms or AI image generators. According to US copyright law, I am the owner to the photographs, and I can sublicense them however I want. I'm not keen on Tumblr doing the same. And while social media sites like Tumblr always had the rights to do things like this in their privacy policies, tools like Dall-E and Midjourney didn't exist at the time, and I never conceived of such a thing. My personal views on AI aside, I don't think allowing the likenesses of these folks to be bought and sold in such a way without their consent is ethical. Hypothetically I could reach out to every single one of them (or at least those still living) and ask for their consent, but aside from the tedium and awkwardness of having to repeatedly have that conversation, including with some folks I no longer associate with, I simply don't want to.
Additionally, I don't believe most folks really understand machine learning algorithms, large language models, and AI image generators, and I think honestly, it would be extremely hard to get informed consent for such a matter, and I sincerely believe most people would say 'No' if they understood it.
I believe artists should be compensated for their work, and I believe when that work is used for profit that the subjects of such work either need to have consented to that first. And, through that lens, the entitled beliefs of the people behind corporations like Open-AI and Midjourney, that they should be able to train off this work for free absolutely disgusts me. And I am disheartened to see Tumblr go the same route.
I do believe there are positive sides to AI, I do believe it is somewhat inevitable, but I do not believe the ends justify these means.
While I believe strongly in the public domain and creative commons, and I think US copyright law is deeply broken, I also know how hard it is to make a living as an artist. I will not I cannot sit by and just allow my own work, my own memories, my friends, family, and loved ones to be used as a tool to enrich billionaires at the expense of small creators.
I used to think that when I died I wanted all of my creative works to be willed into the public domain for the good of everyone. Now I'm not so sure. As such, I will be removing my content from Tumblr in the coming weeks. As I write this I'm importing the content of theimpossibleyear.tumblr.com to a self hosted server and theimpossibleyear.com is redirecting there. Once I am sure it's been successfully migrated I'll remove all of the content from Tumblr for good.
I know relocated content can still be scraped by AI bots against my will. But I'm considering ways of disabling crawlers, making it password protected and/or parsing all of the images through Nightshade or some other tool. At the very least I’ll have made my terms clear. I'm still figuring out what to do with this blog. It will eventually go away, but I have yet to decide what will happen with the content. Either way, this sucks. I am so tired.
