Common use of Generative Artificial Intelligence Clause in Contracts

Generative Artificial Intelligence. The parties acknowledge that the types of artificial intelligence, machine learning, and similar technologies used in the motion picture industry vary and are evolving, but agree that the term Generative Artificial Intelligence (“GAI”) has become the predominant term used to generally refer to a subset of artificial intelligence and machine learning that learns (for example through algorithms, knowledge graphs, decision trees, neural networks, large language models, or deep learning networks) from content and data inputs and generates content (such as, for example, video, images, sound or text) based on, derivative of, or as a result of processing that input (e.g., ChatGPT4, MidJourney, Dall-E2). GAI is understood to not include ‘traditional’ digital technologies programmed to perform specific functions or tasks rather than the generation of content (e.g., CGI and VFX), such as those already used during all stages of motion picture production (e.g., pre-visualization, pre-production, production, post-production, distribution, marketing). The parties further acknowledge that the technology is rapidly evolving and new technologies may be developed that perform many of the same functions of GAI, as described above. The term GAI is used here for convenience and this Section 61 shall also apply to those technologies. SAMPLE Accordingly, Producer shall obtain consent from the Union and the performer or background actor prior to the training of a GAI system on photography (including still photographs) or soundtrack of the performer or background actor. A description of Producer’s intended use of any audio, visual, or audiovisual content generated by the AI system must be provided prior to the training. I. CBA, Sideletter 21 and TVA, Sideletter H, are renewed for the term of the Interim Agreement and Successor Agreement, and are modified to provide additional terms for made for new media programs that do not meet the definition of a “high budget” SVOD picture as follows: For pictures/episodes with an intended initial release to a new media platform that do not meet the “high budget” thresholds and/or are also not at least twenty (20) minutes in length as exhibited, add the following to the list of applicable provisions: initial compensation minimums, employment of minors, and turnaround (16 hour rule for background) SAMPLE For all derivative and original pictures/episodes that are budgeted below the “high budget” SVOD or “high budget” AVOD thresholds and have an initial exhibition in new media, initial compensation shall cover thirteen (13) consecutive weeks on all free-to-the-consumer/advertiser-supported new media platforms, and twenty-six (26) consecutive weeks on all consumer pay new media platforms. For exhibitions beyond thirteen (13) weeks on new media free-to-the-consumer/advertiser-supported platforms, fixed residuals based on twenty-five percent (25%) of total applicable minimum salary shall be due for each of the two (2) consecutive twenty-six (26) week exhibitions on free-to-the-consumer/advertiser-supported new media platforms for the first year following initial exhibition. Thereafter, residuals shall be based on six percent (6%) of Distributor’s gross receipts. For ongoing exhibitions beyond twenty-six