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.
AI : Unless explicitly stated in the usage terms, licensee may not use the assets in connection with an immutable digital asset intended for sale, including but not limited to non-fungible tokens. All rights not expressly granted to the licensee are reserved to company and the copyright holder. No machine learning, AI, or biometric technology use. Unless explicitly authorized in the usage terms, licensee may not use the asset (s) including any caption information, keywords, or other metadata associated with content) for any machine learning and / or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons.