Usage
One tenet of the AMA’s mission is to provide members, and the industry as a whole, with guidance and resources to promote good business practices that are fair and considered. A significant aspect of this is the topic of Usage Rights. With that in mind we put together some FAQs, a guide to understanding usage rights in advertising, and a chart of usages. These resources can be referenced and used as a tool for evaluating how usage rights are calculated.
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Usage rights, especially in the realm of advertising, play a critical role in defining the boundaries of how creative works are used and monetized. Ensuring clarity and fairness in usage rights not only protects the intellectual property of creatives but also provides brands and advertisers with the necessary permissions to showcase the creative content. As advertising platforms evolve, it's essential to understand how to calculate and negotiate these rights in traditional, digital, and programmatic formats.
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Advertising has changed over the years leading to a shift in value of uses. Calculating usage rights is a nuanced process with many aspects to consider, the AMA Chart of Uses is one way to evaluate these factors.
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The Usage Glossary is a collection of terms and their definitions. The glossary is provided to serve as a resource for various industry requests and to help agents negotiate on behalf of their artists. The glossary outlines standard understanding within the industry but should be reviewed carefully with clients according to specific job circumstances and parameters.
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Language outlining the use of images as they relate to AI can be added to estimates Terms & Conditions and SOWs in the Grant of Rights, License, or Usage section or as a stand-alone section, depending on how you see fit or is recommended by your legal advisor. This language has been reviewed by AMA Lawyers.
LIMITATIONS ON ARTIFICIAL INTELLIGENCE: Unless explicitly stated otherwise in the applicable invoice or SOW, Client may not use the Deliverables to train, fine-tune, or otherwise develop any machine learning model, artificial intelligence system, biometric recognition system, or foundation model, or to create a dataset for any of the foregoing, except as expressly permitted below. For clarity, the foregoing restriction does not prohibit Client or its Affiliates from using the Deliverables, or caption information, keywords, tags, thumbnails, transcripts, or other metadata associated with the Deliverables, in connection with Client’s internal business operations, including content management, search, indexing, classification, personalization, recommendation, accessibility, rights management, trust and safety, fraud prevention, analytics, localization, quality control, or post-production tools, provided that such use does not involve training, fine-tuning, or developing a third-party or externally commercialized artificial intelligence model using the Deliverables. If Client uses AI-enabled tools in connection with post-production or internal operational workflows, Client will use commercially reasonable technical and organizational measures designed to prevent the Deliverables from being used to train a generally available large language model or other foundation model. Client may not use the Deliverables to generate new, externally distributed derivative works without the parties’ prior written agreement, which may include an additional license fee to be negotiated in good faith.
INDEMNIFICATION FOR AI MISUSE: Client shall indemnify, defend, and hold harmless (INSERT REP COMPANY) and Artist from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to (a) Client's use of the Deliverables in connection with artificial intelligence, machine learning, or biometric technology in violation of this Agreement, or (b) any unauthorized ingestion of the Deliverables into a machine learning model, artificial intelligence system, or foundation model by Client, its Affiliates, or any third party acting on Client's behalf or with Client's authorization. This indemnification obligation shall survive the expiration or termination of this Agreement.