What are performers’ rights in relation to AI?
There are no UK laws explicitly written to regulate Artificial Intelligence. However, the law does give performers the exclusive right to reproduce and share content you have created (which is protected by copyright) and performances you have given (which are protected by performers’ rights).
Copyright and intellectual property law in the UK, EU and internationally
In the UK, these rights are provided under The Copyright, Designs and Patents 1988.
In the EU, these rights are provided under several directives and regulations including, the Information Society Directive, Enforcement of Intellectual Property Rights Directive, the Term Directive and the Digital Single Market Directive.
Internationally, these rights are granted under the Berne Convention for the Protection of Literary and Artistic Works, the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, and the Beijing Treaty on Audiovisual Performances. These rights are also further supported by the World Trade Agreement on Trade-Related Aspects of Intellectual Property Rights (as amended).
Data protection laws
The law protects your face, your voice and your likeness as protected sensitive personal data because they each can identify you personally. As the data subject, the law grants you a right to consent to the collecting and processing of your personal data, and a right to request your personal data be erased from records held by others.
Data protection laws in UK and EU
In the UK, these rights are guaranteed under the Data Protection Act also known as UK General Data Protection Regulation (UK GDPR).
In the EU, these rights are guaranteed under the General Data Protection Regulation (EU GDPR).
The law requires a website or platform to takedown content infringing your intellectual property rights within a reasonable period of time following notice. The law also requires a website or platform to delete your personal data on request when it has been collected or processed without your consent or another lawful basis. If a website or platform is operated outside the UK or EU, these laws still apply when they target these markets.
What is Equity doing to protect performers’ rights?
In April 2022 we launched a ground breaking campaign to strengthen rights for performers and Stop AI Stealing the Show.
Equity, with the help of leading academic and legal expert Dr Mathilde Pavis, have also created a template letter for artists to request the take-down of unauthorised digital imitations of their performances, likeness or voice from platforms or websites. This document supports Artists to protect their legal rights in audio and audio visual work.