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VSCO CEO Defends Terms of Use Amid AI Training Concerns

digital · 2026-05-27

Photographer Simon Migaj flagged VSCO's Terms of Use language granting rights to use users' "name, image, voice, or likeness" and to train AI models. VSCO CEO Eric Wittman and General Counsel Sara Lee clarified that the broad license is standard for platform functionality, including displaying photos and powering recommendation engines. VSCO does not train AI on paying subscribers' content but does use publicly posted content from non-paying members for AI development. New Terms effective June 22, 2026, are materially unchanged. Wittman emphasized transparency but acknowledged photographers may opt out by paying or not posting publicly. The controversy echoes Adobe's 2024 Terms of Use backlash.

Key facts

  • Simon Migaj discovered concerning language in VSCO's Terms of Use.
  • VSCO grants itself a royalty-free, sublicensable, perpetual, worldwide license to user content.
  • The license includes rights to name, image, voice, and likeness of individuals in content.
  • VSCO can use content to develop, train, and improve AI or machine learning models.
  • New Terms of Use effective June 22, 2026, are not materially different.
  • VSCO does not use paying subscribers' content for AI training.
  • Non-paying members' publicly posted content may be used for AI training.
  • VSCO CEO Eric Wittman and General Counsel Sara Lee provided explanations to PetaPixel.
  • The language is standard for platforms like Instagram and Reddit.
  • Photographers can avoid AI training by becoming paying members or not posting publicly.

Entities

Artists

  • Simon Migaj

Institutions

  • VSCO
  • PetaPixel
  • Adobe

Sources