In the face of “industrial scale theft” of performers’ data and the UK government’s copyright consultation, Equity is calling for an urgent conversation over AI use in performing arts and entertainment.
In a wide-ranging open letter published today (Monday), Equity outlines concerns about unlawful uses of recorded content for AI training and creating digital replicas. The union sets out the existing rights of performers (including performers’ rights in intellectual property law, data protection rights and relevant agreements), and vows to robustly defend members – including via the courts if necessary.
The open letter has been sent to entertainment bosses such as Audible, advertisers, BBC, Disney, ITV, PACT (Producers Alliance for Cinema and Television) and UKIE (video games trade body). Equity is inviting these organisations to work constructively with the union to establish fair and legally compliant licensing frameworks for AI. Equity is keen to ensure that performers’ rights are upheld and Equity members are compensated as part of future licensing deals between AI companies and entertainment bosses.
Equity is currently negotiating with engagers – including with some of those to whom the letter is addressed – over AI protections across film and TV contracts, as well as pay and other terms and conditions. The union is also speaking directly with production companies who engage artists specifically for generative AI.
The letter coincides with new guidance reflecting Equity’s position on the data protection rights of performers and the legal obligations of entertainment bosses under the UK GDPR.
The letter can be read in full on our website.
Liam Budd, Equity’s Recorded Media Industrial Official, said: “The industrial scale theft of our members’ data must end and performers’ rights must be respected in relation to AI use, whether past performances, or work being shot and recorded now and in the future.
“We invite engagers across the audio and audio-visual industries to work constructively with us to establish fair and legally compliant licensing and data protection frameworks for AI. We’ve done this time and again and have robust and fair systems in place, including for royalty payments, so we know it can and must be achieved.
“Where performers’ rights are abused, their personal data stolen or intellectual property breached, we will defend our members vigorously, including through the courts if necessary.”
Legal framework
Equity outlines the existing and longstanding rights framework for performers. Protections include:
- Protection under copyright
Performers’ rights are recognised under Part II of the Copyright Designs and Patents Act 1988 both as forms of “property” and “non-property” rights. A key performers’ property right includes the “right of reproduction”, being the right for performers to control who is able to record and make reproductions of their performances. The UK government has made clear that the right of reproduction under the CDPA covers all technology, including AI.
- Protection under UK General Data Protection Regulations
Uses of content for AI purposes also engage performers’ rights as data subjects under the UK GDPR. As data controllers, engagers also have a range of legal obligations. Equity has published a more detailed position in relation to GDPR and performance data.
- Contract protection
Equity’s position is that the vast majority of performer contracts – ie those where there is no explicit clause relating to AI – should not be interpreted as providing a legal basis for AI use. Where a performer’s contract is for making a film, TV programme, videogame, commercial, or a radio show, such a contract should not constitute a lawful basis under data protection law to use this performance data to train an AI model or generate a digital replica.
Equity is calling for the AI conversation to include production companies, broadcasters, streaming platforms, studios, videogame and audio publishers, videogame developers and vendors, record labels, advertising agencies, brands and any other entities that own or control content within which performers’ rights subsist and where performers are identifiable.
Equity is the biggest trade union in the creative industries with 50,000 members in the performance and entertainment sectors. Our members are performers and creative practitioners working as actors, comedians, dancers, designers, directors, puppeteers, singers, stage managers, stunt performers, supporting artists, variety performers, voice artists and other roles.
Read the open letter in full
