This brief guide is a high-level overview of the new AI section that is to be added into the BCMPA upon ratification. A Best Practices document will be available shortly to help you and/or your agent further navigate these sections.
The new AI section (Article F) includes all live action Productions and has three main sections:
F1 – All Performers Except Background Performers
F2 – Generative Artificial Intelligence
F3 – Background Performer Digital Replicas
In the first AI section there are two types of “Digital Replicas” that can be created:
Engagement-Based Digital Replica (EBDR):
is a replica of the voice or likeness of a Performer that is created using digital technology with the Performer’s physical participation. The EBDR is created in connection with a Performer’s engagement on a Production covered by the BCMPA. The purpose of an EBDR is to show the Performer in scenes they don’t physically perform in, but have provided consent for their replica to appear in.
Independently Created Digital Replica (ICDR):
is a digitally created asset that is intended to look and sound like a real, recognizable Performer, for use in a Production where the Performer is not engaged but has provided consent for their replica to be used to perform in a role.
A PERFORMER MUST:
- Be notified no less than 48 hours in advance of their services being required to create a Digital Replica.
- Be asked for their explicit, informed consent to provide such services, and such consent must be signed or initialed by the Performer.
- Be provided with a reasonably specific description of the intended use of the Digital Replica.
- Be aware that the consent granted will continue to be valid after death, unless specifically limited otherwise.
COMPENSATION:
- All time spent by the Performer to create an EBDR on the same day they are engaged to perform other work for the Producer is considered work time, and forms part of a Performer’s workday.
- If a Performer is called in solely for the purpose of creating an EBDR and is not providing any other work to the Producer, they shall be compensated:
– One day at the minimum daily fee, or;
– One half (1/2) of the minimum daily fee if scheduled to accommodate the Performer. - A Producer must obtain consent and bargain for use of an ICDR of a Performer, prior to exploitation, for a Production they are not engaged in.
DEFINITION:
Generative Artificial Intelligence (GAI) refers to a type of artificial intelligence that learns patterns from data and produces content based on those patterns. It does not include traditional Visual Effects or CGI technologies already used in all stages of production.
Synthetic Performers are digitally generated characters created through Generative Artificial Intelligence technology and are intended to give the impression of a natural Performer but are not recognizable or voiced by any identifiable natural Performer.
“The parties acknowledge the importance of human performance in Productions and the potential impact on engagement under this Agreement when a Synthetic Performer created through a GAI system is used in a human role that would otherwise be performed by a human.”
If a Producer intends to create a Synthetic Performer that looks like a recognizable Performer or Performers, consent is required for the use of their features or names in the creation of the Synthetic Performer, and the Producer must bargain with the Performers for its use.
UBCP/ACTRA and the AMPTP and CMPA-BC have committed to meeting regularly during the term of the Agreement to discuss any recordings made under this, or previous agreements, that is to be used to train GAI systems.
DEFINITIONS:
A Background Performer Digital Replica is digitally created when a Background Performer is engaged on a Production and the Background Performer physically participates in such creation.
The purpose of a Background Performer Digital Replica is to show the Performer in scenes they don’t physically perform in, but have provided consent for their replica to appear in.
A BACKGROUND PERFORMER MUST:
- Be notified no less than 48 hours in advance of the time they are required to participate in the creation of a Background Performer Digital
- Be asked for their explicit (or informed) consent to provide such services, and such consent must be signed or initialed by the Background
- Be provided with a reasonably specific description of the intended use of the Background Performer Digital Replica.
- Be aware that the consent continues to be valid after death, unless explicitly limited otherwise.
BACKGROUND PERFORMER COMPENSATION:
- o All time spent by the Background Performer to create a Background Performer Digital Replica on the same day they are engaged to perform other work for the Producer is considered work time, and forms part of a Background Performer’s workday.
- If a Background Performer is called in solely for the purpose of creating a Background Performer Digital Replica and is not providing any other work to the Producer, they shall be compensated.
- A Background Performer Digital Replica may not be used in a Production that the Background Performer was not engaged in without obtaining their explicit (or informed) consent for such use, prior to exploitation. The Background Performer shall be compensated for such use.
- If a Background Performer Digital Replica is used in a Principal or Actor category or is digitally altered to appear as if they are speaking lines with dialogue included, the Background Performer shall be upgraded accordingly.
TRADITIONAL ALTERATIONS
For clarity, no consent is necessary to perform standard post production alterations or to adjust for standards and practices, or ratings, or when dubbing or use of a double is already permitted under the agreement. Additionally, this article does not apply to the “tiling” of Background Performers.
*It is important to note that Digital Replicas of a Background Performer shall NOT be used to meet the background counts in Article D501 of the BCMPA.
Artificial Intelligence FAQs
A: An entirely new section (Article F) will be added to the Agreement. This section will clearly stipulate provisions regarding Artificial Intelligence: Digital Replication and Alteration as it applies to live-action Productions.
A: The Agreement will include definitions for two types, collectively referred to as Digital Replicas: Engagement-Based Digital Replica (EBDR) and Independent Created Digital Replica (ICDR). These definitions reflect the industry standards set by SAG-AFTRA in their TV/Theatrical negotiations and ACTRA National in their IPA negotiations, ensuring consistency and clarity in the use of Digital Replicas across North America.
- Engagement-Based Digital Replica (EBDR)
EBDR is a replica of the voice or likeness of a Performer and is digitally created when a Performer is working on a Production, and the Performer physically participates in such creation. - Independently Created Digital Replica (ICDR)
ICDR is a digitally created asset that is intended to look and sound like a real, recognizable Performer, but the Performer is not working for the Production in which it will be used but has provided consent for the replica to be used.
A: Performers must be notified no less than 48 hours in advance when their services will be used for creating a Digital Replica or GAI in a Production. The notification must include a reasonably specific description of the intended use. Consent from the Performer must be obtained before creating the Digital Replica, and this consent must be clear, defined, and documented. The consent is secured through an addition to the Performer’s contract, or through a separate statement in the contract, which must be signed or initialled by the Performer.
A: Any time spent by a Performer creating a Digital Replica will be treated as work time.
- If the work occurs on a day when the Performer is not otherwise engaged by the Producer, the Performer will receive one day’s pay at the applicable minimum daily fee. If the Producer schedules the work around the Performer’s availability, the Performer will be compensated with half of the minimum daily fee for a 4-hour session. If the session exceeds 4 hours, the Performer will receive the full minimum daily fee.
- If the work occurs on a day when the Performer is compensated for less than an 8-hour day (eg. Wardrobe calls, reading sessions, etc.) the Producer is required to top up the Performer’s compensation to their minimum daily fee.
A: Performers must be notified at least 48 hours in advance if their services are needed to create a Digital Replica or at the time of booking if the booking occurs less than 48 hours ahead of the time their services are needed. This gives Performers time to prepare and make informed decisions about their participation.
A: Yes, Performers will be explicitly asked for their consent. The request will be clear and will be documented through signatures or initials. This ensures that Performers understand the nature of their intended use of the Digital Replica.
A: Yes, Performers will be given a reasonably specific description of how their Digital Replica will be used. This helps Performers make an informed decision about whether to consent, ensuring transparency about the intended purpose of their likeness.
A: All of the existing protections and provisions within A24 of the BCMPA – Nude Scenes continue and cannot be overridden by these AI provisions. Performers will not be required to appear in the nude while rendering services for the creation of a Digital Replica without the Performer’s prior consent. Additionally, in no event will a Minor appear in the nude when rendering services for the creation of a Digital Replica.
A: Unless otherwise specified, consent for the Digital Replica remains valid even after the Performer’s death. This means their likeness can continue to be used according to the terms agreed upon, unless specific limits have been set.
A: All time spent by the Performer to create an EBDR on the same day they are engaged to perform other work for the Producer is considered work time. This time forms part of the Performer’s workday and should be compensated as such.
A: Yes, when a Performer’s EBDR is used in a scene(s) in lieu of the Performer, the Performer shall be paid the minimum daily fee subject to applicable use fees for each day the Performer would normally have been required to work.
A: The Producer is required make a good faith estimate using objective criteria to determine the number of days it would normally have taken a Natural Performer to complete the scene.
A: No, your EBDR is only for the Production you were engaged in. Any use in another Production requires your consent and the right to negotiate separately for such use.
When a production adjusts the voice to a foreign language, consent is currently not required.
A: Language for Background Performers in terms of AI includes:
- Advance Notification: Background Performers must be notified no less than 48 hours in advance of the time they are required to participate in the creation of a Background Performer Digital Replica or at time of booking, if the booking occurs within 48 hours of the creation.
- Explicit Consent: Background Performers must be asked for their explicit, informed consent to provide services related to the creation of a Digital Replica, and this consent must be signed or initialed by the Performer.
- Clear Description of Use: Background Performers should be provided with a reasonably specific description of the intended use of their Digital Replica, ensuring transparency.
- Consent Valid After Death: The consent given by the Background Performer continues to be valid after their death, unless explicitly limited otherwise.
A: Compensation for Background Performers in AI include:
- Work Time for EBDR Creation: All time spent by the Background Performer to create a Background Performer Digital Replica (BPDR) on the same day they are engaged to perform other work for the Producer is considered work time. This time is part of the Background Performer’s workday and should be compensated accordingly.
- Compensation for Solely Creating Digital Replicas: If a Background Performer is called in solely to create a Digital Replica and is not providing any other work for the Producer, they must be compensated for their time dedicated to creating the replica at the applicable minimum daily fee.
- Consent for Use of Digital Replicas: A Background Performer’s Digital Replica may not be used in any Production that the Performer was not originally engaged in without their explicit, informed consent. The Performer will be compensated for such use if it occurs.
- Upgrade for Principal or Actor Roles: If a Background Performer’s Digital Replica is used in a Principal or Actor category role, or if the replica is digitally altered to appear as if the Performer is speaking lines with dialogue, the Background Performer must be upgraded to the appropriate category and compensated accordingly.
A: A Background Performer retains their right to withhold consent to the creation of a Digital Replica.
A: The consent process for the creation of a Digital Replica is separate from the booking process. As long as no booking exists, a Producer is not obligated to compensate or engage a Background Performer who does not consent to the creation of a Digital Replica.
A: The Producer cannot use a Digital Replica of a Background Performer to circumvent the engagement of that Background Performer or use Digital Replicas to fulfill the applicable number of Qualified Background Performers under article D501.