Protecting performers’ image and work from unauthorised AI use

With the development of artificial intelligence with the ability to generate new synthesised images, voices and other media based on existing digitised content, it is imperative that performers protect their image and recorded work from unauthorised use.

For performers agreeing to perform in TV, film, or commercial work, we recommend that special clauses (see below) be inserted into your contract specifying the use be limited to that production.

This is particularly relevant after a recent YouTube animation used new artificially generated voice-overs ‘trained’ on previous episodes that had been recorded by members – a use for which it was never intended.

The clauses will reduce the likelihood of the production being able to use a performer’s digitised image or work without consent and beyond the agreed contract or production.

Performers should also negotiate for limits on usage that include the type of media and the length of time. Our standard SVOD and TVC contracts both have three-year limits, with the capacity to negotiate longer periods. MEAA discourages any in-perpetuity use and performers should be wary of such language in contracts.

For voice-over agreements/arrangements:

We recommend the updated standard Equity contract that includes the AI rider be used.

For TV commercials we recommend a clause as follows:

Use In Production Only: The use of the Recordings and the Performers name, voice and likeness is strictly permitted only with respect to the Project as agreed in the Contract, and neither the Company nor any other member of the Group shall use the Recordings or the Performer’s name, voice and likeness (including by means of any generative AI application or other digital replica) in any other projects or material without the prior, written consent of the Performer.

For Film / TV, we recommend the clause that is currently in the AFFCA (modified as necessary):

WORK IN ONE PRODUCTION ONLY

(a) Subject to Clause (b), all work performed for the Producer in the production of a Film shall only be used as part of the Film for which the Artist was originally engaged. No footage featuring the Performance of the Artist may be used in any other production without the written permission of the Artist. Such written permission shall not be unreasonably withheld.

(b) The Artist and MEAA acknowledges that Producers may use any of the footage from the Film or still photographs as is necessary to promote and/or advertise the Film in any media including the production of trailers, Making Of Films, printed material etc.

Useful additional links:

•  AI rider for Voiceover
•  Standard voiceover contract including AI rider