Common use of Generative Artificial Intelligence Clause in Contracts

Generative Artificial Intelligence. A. The parties acknowledge that definitions of generative artificial intelligence (‘GAI’) vary, but agree that the term generally refers to a subset of artificial intelligence that learns patterns from data and produces content, including written material, based on those patterns, and may employ algorithmic methods (e.g., ▇▇▇▇▇▇▇, Llama, MidJourney, Dall-E). It does not include ‘traditional AI’ technologies such as those used in CGI and VFX and those programmed to perform operational and analytical functions. B. The Companies agree that because neither traditional AI nor GAI is a person, neither is a ‘writer’ or ‘professional writer’ as defined in Articles 1.B.1.a., 1.B.1.b., 1.C.1.a. and 1.C.1.b. of this MBA, and, therefore, written material produced by traditional AI or GAI shall not be considered literary material under this or any prior MBA. C. Should a Company furnish a writer with written material produced by GAI which has not been previously published or exploited, and instruct the writer to use the GAI-produced material as the basis for writing literary material: 1. The Company shall disclose to that writer that the written material was produced by ▇▇▇. 2. The GAI-produced written material shall not be considered assigned material for purposes of determining the writer’s compensation. “3. The GAI-produced written material shall not be considered source material for purposes of determining writing credit.

Generative Artificial Intelligence. A. The parties acknowledge that definitions of generative artificial intelligence (‘GAI’) vary, but agree that the term generally refers to a subset of artificial intelligence that learns patterns from data and produces content, including written material, based on those patterns, and may employ algorithmic methods (e.g., ▇▇▇▇▇▇▇, Llama, MidJourney, Dall-E). It does not include ‘traditional AI’ technologies such as those used in CGI and VFX and those programmed to perform operational and analytical functions. B. The Companies agree that because neither traditional AI nor GAI is a person, neither is a ‘writer’ or ‘professional writer’ as defined in Articles 1.B.1.a., 1.B.1.b., 1.C.1.a. and 1.C.1.b. of this MBA, and, therefore, written material produced by traditional AI or GAI shall not be considered literary material under this or any prior MBA. C. Should a Company furnish a writer with written material produced by GAI which has not been previously published or exploited, and instruct the writer to use the GAI-produced material as the basis for writing literary material: 1. The Company shall disclose to that writer that the written material was produced by ▇▇▇GAI. 2. The GAI-produced written material shall not be considered assigned material for purposes of determining the writer’s compensation. “3. The GAI-produced written material shall not be considered source material for purposes of determining writing credit.