Common use of Use of Generative Artificial Intelligence Clause in Contracts

Use of Generative Artificial Intelligence. 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 based on those patterns (e.g., ChatGPT4, MidJourney, Dall-E2). It does not include ‘traditional AI’ technologies programmed to perform specific functions in game production such as character animation. The term GAI is used for convenience and this section shall also apply to any technology that is consistent with the foregoing definition, regardless of its name. The parties acknowledge the importance of human performance in Interactive Programs and the potential impact on employment under this Agreement when a GAI system is used to generate assets for use in Interactive Programs. Therefore, Employer agrees as follows: (a) If Employer wishes to use a GAI system to generate Material, other than Digital Replicas created pursuant to section 1 above, in a manner that would replace work under this Agreement that would otherwise be performed by a human, the Employer agrees to give the Union prior notice. (b) If an Employer intends to create a GAI-generated Material by prompting a GAI system using a Performer’s name or the name of a character uniquely associated with that Performer, the Producer shall obtain the Performer’s consent and bargain for the use of the GAI generated Material at no less than scale minimum. For clarity, this provision shall apply to each Performer if more than one Performer’s name and/or character name is used.

Use of Generative Artificial Intelligence. 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 based on those patterns (e.g., ChatGPT4, MidJourney, Dall-E2). It does not include ‘traditional AI’ technologies programmed to perform specific functions in game production such as character animation. The term GAI is used for convenience and this section shall also apply to any technology that is consistent with the foregoing definition, regardless of its name. The parties acknowledge the importance of human performance in Interactive Programs and the potential impact on employment under this Agreement when a GAI system is used to generate assets for use in Interactive Programs. Therefore, Employer agrees as follows:: SAMPLE (a) If Employer wishes to use a GAI system to generate Material, other than Digital Replicas created pursuant to section 1 above, in a manner that would replace work under this Agreement that would otherwise be performed by a human, the Employer agrees to give the Union prior notice. (b) If an Employer intends to create a GAI-generated Material by prompting a GAI system using a Performer’s name or the name of a character uniquely associated with that Performer, the Producer shall obtain the Performer’s consent and bargain for the use of the GAI generated Material at no less than scale minimum. For clarity, this provision shall apply to each Performer if more than one Performer’s name and/or character name is used.

Use of Generative Artificial Intelligence. SAMPLE The parties acknowledge that definitions of ‘Generative Artificial Intelligence’ Intelligence (“GAI”) vary, but agree that the term generally refers to a subset of artificial intelligence that learns patterns from data and produces content based on those patterns (e.g., ChatGPT4, MidJourney, Dall-E2). It does not include ‘traditional AI’ technologies programmed to perform specific functions in game production such as character animation. The term GAI is used for convenience and this section shall also apply to any technology that is consistent with the foregoing definition, regardless of its name. The parties acknowledge the importance of human performance in Interactive Programs and the potential impact on employment under this Agreement when a GAI system is used to generate assets for use in Interactive Programs. Therefore, Employer agrees as follows: (a) a. If Employer wishes to use a GAI system to generate Material, other than Digital Replicas created pursuant to section 1 above, in a manner that would replace work under this Agreement that would otherwise be performed by a human, the Employer agrees to give the Union prior notice. (b) b. If an Employer intends to create a GAI-generated Material by prompting a GAI system using a Performer’s name or the name of a character uniquely associated with that Performer, the Producer shall obtain the Performer’s consent and bargain for the use of the GAI generated Material at no less than scale minimumscale. For clarity, this provision shall apply to each Performer if more than one Performer’s name and/or character name is used.