Adobe ToS update gives the company rights over consumers' works

Adobe updated its General Terms of Use in June 2024 with language granting the company a broad license to access, reproduce, and create derivative works from user-created content.^[1] The update required users to accept the new terms before they could open any Creative Cloud application, with no option to decline.^[2] The controversy prompted Adobe to revise the terms on June 18, 2024, adding plain-language summaries and explicit commitments not to use customer content for generative AI training.^[3]

Adobe's Creative Cloud suite, which includes Photoshop, Illustrator, and After Effects, had approximately 33 million subscribers at the time of the controversy.^[2] The updated General Terms of Use were dated February 17, 2024, but went largely unnoticed until Adobe pushed a mandatory re-acceptance notification to Creative Cloud and Document Cloud users in early June 2024.^[4]

Section 2.2, titled "Our Access to Your Content," stated that Adobe "may access, view, or listen to your Content through both automated and manual methods, but only in limited ways, and only as permitted by law."^[5] The terms specified that Adobe would use "techniques such as machine learning" for this access.^[6]

Section 4.2, titled "Licenses to Your Content," required users to grant Adobe "a non-exclusive, worldwide, royalty-free sublicensable, license, to use, reproduce, publicly display, distribute, modify, create derivative works based on, publicly perform, and translate the Content."^[1] This license was described as applying "solely for the purposes of operating or improving the Services and Software."^[5]

When the re-acceptance notification appeared, users who opened any Creative Cloud application were presented with a pop-up containing a single blue "Accept and Continue" button. There was no option to decline.^[2] Closing the window prevented users from continuing to use Adobe applications and services.^[5] Users were unable to access their content without first agreeing to the updated ToS, leaving many users unable to retrieve their work.^[2][5]

This raised concerns that the updated ToS could violate existing non-disclosure agreements (NDAs) and users' own intellectual property rights.^[7] Video game concept artist Sam Santala posted on X (formerly Twitter) on June 5, 2024: "So am I reading this right? I can't use Photoshop unless I'm okay with you having full access to anything I create with it, INCLUDING NDA work?" The post received over 71,000 likes and 9.5 million views.^[2] Santala also noted he could not contact Adobe's support chat, uninstall Photoshop via Adobe's uninstaller, or cancel his subscription without first accepting the new terms.^[2]

Designer Wetterschneider, whose clients include DC Comics and Nike, stated that creatives working under NDAs "cannot trust" Adobe and urged professionals to cancel their subscriptions.^[5] Director Duncan Jones objected to Adobe claiming rights to work-in-progress film materials, writing: "We are working on a bloody movie here, and NO, you don't suddenly have the right to any of the work we are doing."^[5]

While Adobe claims it doesn't use customer content to train generative AI,^[8] the company does use content processed or stored on its servers for machine-learning purposes such as improving product features. Adobe states users can opt out of this content analysis through their account settings under "Privacy and personal data."^[9] However, there was no option on the ToS-acceptance screen itself to decline or opt out.

Adobe published a blog post on June 6, 2024, stating that the terms update was intended "to be clearer about moderation processes" and that the company had added "more human moderation to our content submissions review processes."^[10] The post stated that Adobe "does not train Firefly Gen AI models on customer content" and "will never assume ownership of a customer's work."^[10]

On June 10, 2024, Adobe's Chief Product Officer Scott Belsky and Chief Trust Officer Dana Rao published a second blog post committing to updated terms by June 18.^[3] The post stated: "We've never trained generative AI on customer content, taken ownership of a customer's work, or allowed access to customer content beyond legal requirements."^[3] The revised terms, published June 18, included several changes:^[3]

• "Your content is yours and will never be used to train any generative AI tool."
• Adobe confirmed it "does not scan content stored locally on your computer in any way."
• Plain-English summaries were added to key sections.
• Users were given the option to opt out of product improvement programs that use machine learning.
• The license grant section was clarified to state that any license granted to Adobe "will not supersede your ownership rights."
• An exception was noted: content submitted to the Adobe Stock marketplace could be used for Firefly AI training.

The backlash was widespread. Beyond the individual professionals who spoke out, the controversy coincided with a separate U.S. Department of Justice lawsuit against Adobe over its subscription cancellation practices, filed in June 2024.^[11] That case alleged Adobe hid early termination fees in fine print and made cancellation unnecessarily difficult, resulting in a $150 million settlement in March 2026.^[11] The two issues are distinct, but their timing compounded user frustration with Adobe's business practices.