Common use of Use of Synthetic Performers Created Through Generative Artificial Intelligence Clause in Contracts

Use of Synthetic Performers Created Through Generative Artificial Intelligence. The following applies to use of Synthetic Performers in a program that commences production on or after July 1, 2024. A ‘Synthetic Performer’ is a digitally-created asset that: (1) is intended to create, and does create, the clear impression that the asset is a natural performer who is not recognizable as any identifiable natural performer; (2) is not voiced by a natural person; (3) is not a Digital Replica (as defined in Paragraph [XX] above); and (4) no employment arrangement for the program exists with a natural performer in the role being portrayed by the asset. The parties acknowledge the importance of human performance in programs and the potential impact on employment under this Agreement when a Synthetic Performer created through a GAI system is used in a human role that would otherwise be performed by a human. For those reasons, the Producer agrees to give the Union notice and an opportunity to bargain in good faith over appropriate consideration, if any, if a Synthetic Performer is used in place of a performer who would have been engaged under this Agreement in a human role. The parties acknowledge that the Producers have customarily used digital technologies to generate non-human characters without the services of a performer covered under this Agreement, and that the foregoing does not apply to such uses. If a Producer intends to create, and does create, a Synthetic Performer with a principal facial feature (i.e., eyes, nose, mouth and/or ears) that is recognizable as that of a specific natural performer through the use of such identified natural performer’s name and facial feature in the prompt to a 1]. For clarity, the foregoing provision shall apply to each such identified natural performer if more than one specific natural performer’s recognizable principal facial feature is used in the described manner (e.g., Performer 1’s eyes, Performer 2’s mouth). No consent is required when the use is the type protected by the First Amendment to the United States Constitution, including but not limited to instances when the First Amendment would protect a use for purposes of comment, criticism, scholarship, satire or parody, or would protect a use in a docudrama, or historical or biographical work. Claims for violation of this Paragraph [XX.1.] are arbitrable under Paragraph 95 of the Code and must be brought under those Paragraphs. Remedies shall be limited to monetary damages.

Use of Synthetic Performers Created Through Generative Artificial Intelligence. NOT FINAL “The following applies to use of Synthetic Performers in a program motion picture that commences production principal photography on or after July 1, 2024[insert date that is the first Sunday that is 90 days after the AMPTP’s receipt of notice of ratification]. A ‘Synthetic Performer’ is a digitally-created asset that: (1) is intended to create, and does create, the clear impression that the asset is a natural performer who is not recognizable as any identifiable natural performer; (2) is not voiced by a natural person; (3) is not a Digital Replica (as defined in Paragraph Section [XX] above); and (4) no employment arrangement for the program motion picture exists with a natural performer in the role being portrayed by the asset. “The parties acknowledge the importance of human performance in programs motion pictures and the potential impact on employment under this Agreement when a Synthetic Performer created through a GAI system is used in a human role that would otherwise be performed by a human. For those reasons, the Producer agrees to give the Union notice and an opportunity to bargain in good faith over appropriate consideration, if any, if a Synthetic Performer is used in place of a performer who would have been engaged under this Agreement in a human role. “The parties acknowledge that the Producers have customarily used digital technologies to generate non-human characters without the services of a performer covered under this Agreement, and that the foregoing does not apply to such uses. DRAFT ONLY “If a Producer intends to create, and does create, a Synthetic Performer with a principal facial feature (i.e., eyes, nose, mouth and/or ears) that is recognizable as that of a specific natural performer through the use of such identified natural performer’s name and facial feature in the prompt to a 1a GAI system, the Producer shall obtain such identified natural performer’s consent and bargain with such natural performer for the use of the Synthetic Performer in connection with a motion picture and no additional discussion with the Union, consideration or remuneration, is required under this Section [XX.1]. For clarity, the foregoing provision shall apply to each such identified natural performer if more than one specific natural performer’s recognizable principal facial feature is used in the described manner (e.g., Performer 1’s eyes, Performer 2’s mouth). No consent is required when the use is of the type protected by the First Amendment to the United States Constitution, including but not limited to instances when the First Amendment would protect a use for purposes of comment, criticism, scholarship, satire or parody, or would protect a use in a docudrama, or historical or biographical work. “Claims for violation of this Paragraph Section [XX.1.] are arbitrable under Paragraph 95 Section 9 of the Code General Provisions of this Agreement or Section 50 of the Television Agreement, as applicable, and must be brought under those ParagraphsSections. Remedies shall be limited to monetary damages.. NOT FINAL