EyeEm, the Berlin-based photo-sharing community that was acquired last year by the Spanish company Freepik after declaring bankruptcy, is now turning its users' photographs into training data for AI models. Earlier this month, users received an email announcing updates to the Terms & Conditions that grants EyeEm the rights to use their content for “training, developing, and improving software, algorithms, and machine-learning models.” Users have a 30-day window to opt out by removing their content; otherwise, they are agreeing to this new usage of their work.
When Freepik acquired EyeEm in 2023, the platform boasted a library of 160 million images and nearly 150,000 users. The company plans to integrate its community with Freepik's over time. Despite its struggles, around 30,000 users continue downloading the app each month, according to Appfigures data.
Initially seen as a competitor to Instagram—dubbed "Europe's Instagram"—EyeEm had dwindled to only three employees prior to its acquisition. Freepik CEO Joaquin Cuenca Abela hinted at future plans for EyeEm, specifically regarding the incorporation of AI to enhance the platform for creators. However, this now seems to include monetizing user-generated content for AI training.
EyeEm's updated Terms & Conditions include the following clause:
8.1 Grant of Rights – EyeEm Community
By uploading Content to EyeEm Community, you grant us a non-exclusive, worldwide, transferable, and sublicensable right to reproduce, distribute, publicly display, transform, adapt, and promote such Content. This also encompasses the sublicensable and transferable right to utilize your Content for the training, development, and enhancement of software, algorithms, and machine-learning models. If you do not consent to this usage, please refrain from uploading Content to EyeEm Community.
The rights granted under this section remain active until the complete deletion of your Content from EyeEm Community and its partner platforms, as outlined in section 13. You may request the deletion of your Content at any time, with detailed instructions found in section 13.
Section 13 describes a complex deletion process, starting with the removal of photos directly. However, this will not affect content previously shared on EyeEm Magazine or social media. To delete content from the EyeEm Market (where users can sell photos), users must submit a request to [email protected], providing the Content ID numbers for photos they wish to remove, specifying whether those should be deleted from their account, the EyeEm Market, or both.
It’s important to note that deletions from EyeEm Market and partner platforms could take as long as 180 days. This presents a disparity: users have only 30 days to opt out, while requested deletions can take significantly longer, leaving the choice of removal painfully manual.
Worse, the updated policies state:
You acknowledge and agree that your authorization for EyeEm to market and license your Content as outlined in sections 8 and 10 will remain valid until your Content is deleted from EyeEm and all partner platforms. All prior license agreements remain intact regardless of your deletion request.
Section 8 specifies the licensing rights related to AI training, while Section 10 advises users that deleting their accounts forfeits any potential payouts for their work, a measure that may lead users to reconsider leaving the platform altogether.
EyeEm’s latest policy shift exemplifies a growing trend where user-generated content fuels AI model training, often without explicit user consent. While EyeEm has provided an opt-out mechanism, photographers who missed the notification may unknowingly lose control over their work. Given EyeEm’s declining popularity, many past users might overlook such communications, especially if they ended up in spam folders.
Those who did catch the changes expressed frustration over the inadequate 30-day opt-out period and the lack of bulk deletion options, complicating the process of opting out.
Has anyone found a way to batch delete their photos from #EyeEm? I just received this email, and although I only have 60 photos, I don't want to contribute to training AI for free… pic.twitter.com/lUuDR5BnGb
— Powen Shiah @[email protected] (@polexa) April 5, 2024
Some users have taken to social media to voice their concerns, urging fellow EyeEm users to flee the platform due to these troubling rights grab policies: "These rights now include the sublicensable and transferable right to use your Content to train, develop, and improve software, algorithms, and machine-learning models."
— Joel Goodman (@pixel8foto) April 3, 2024
Requests for clarification from EyeEm have not received immediate responses. However, with a 30-day deadline, we chose to publish this information promptly.
This type of opaque policy change is prompting users to explore alternatives on the open social web. Platforms like Pixelfed, built on the ActivityPub protocol that also powers Mastodon, are using the EyeEm situation as an opportunity to attract new users with a commitment to user privacy: "We will never use your images to help train AI models. Privacy First, Pixels Forever."
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