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PRACTICAL QUESTIONS FOR NEGOTIATIONS

This section offers a practical set of questions to help clarify how AI is being used, what new value it creates, and where responsibility sits, so decisions around permissions, fees, and risk can be made intentionally.

As you read through these questions, ask yourself if this AI use supports the current project, or does it fundamentally change how this work creates value over time?

If it changes the value equation, it should be treated and priced accordingly.

1. What type of AI use is being requested?

  • Is the AI use limited to internal review and organization, or will it create new outputs?

  • Is AI being used as a post-production tool, or to materially alter the work?

  • Are additional AI-generated deliverables being created?

  • Does this involve model training, brand system development, or long-term visual libraries?

2. What new value does AI create beyond the original commission?

  • Does AI extend the number, format, or lifespan of deliverables?

  • Does it reduce the need for future production?

  • Would these outputs exist without the original assets?

3. Is the AI use limited to a specific project and timeframe?

  • Is AI use tied to this project only?

  • Is there a defined duration for AI use?

  • Are AI-generated outputs restricted to the same usage terms as the original assets?

4. Is AI being applied to individual assets or an entire library?

  • Does this apply only to project assets or to a licensed library?

  • What types of AI edits are expected (e.g., background swaps, wardrobe changes, adding motion)?

  • Are those edits considered internal tools or final deliverables?

5. Does the AI system retain, learn from, or analyze the assets?

  • Does the tool store or learn from uploaded content?

  • Could the assets influence future outputs or creative systems?

  • Is the imagery being used to establish a campaign look and feel or visual language?

6. Where is the AI processing taking place?

  • Is AI use confined to a closed, walled-garden environment?

  • Are third-party platforms involved whose terms allow model training, onward data use, or retention?

  • Who controls access to the system and the uploaded assets?

7. Who owns and controls the AI-generated outputs?

  • Are AI-generated assets owned, licensed, or shared?

  • Can they be reused independently of the original work?

  • Are they subject to the same usage restrictions?

8. Who is responsible if something goes wrong?

  • Has the AI tool been specified and approved by the client?

  • Is the artist indemnified for AI-generated or derivative outputs?

  • Who carries liability for downstream use?

9. How will AI use be tracked and enforced?

  • Who is responsible for monitoring AI use?

  • How will usage be documented or disclosed?

  • What happens if AI use exceeds the agreed scope?

10. What happens if the client wants to expand AI use later?

  • Will expanded AI use require new approval?

  • Will it trigger additional fees or revised terms?

  • Is there a clear escalation path between AI usage tiers?