@SAGAFTRA and Major Labels Reach a New Sound Recording Agreement With AI Protections

Looks like both sides listened and respected each other so no strike necessary. And yet there are groundbreaking first-time AI protections for musicians and vocalists. Amazing what can happen when you actually respect the workers, looking at you YouTube. And guess what? The workers get to vote on the deal. Imagine if songwriters could do the same.

PRESS RELEASE

SAG-AFTRA and leading record labels reached a tentative multiyear agreement on a successor contract to the SAG-AFTRA National Code of Fair Practice for Sound Recordings.

Covering the period starting Jan. 1, 2021, and ending Dec. 31, 2026, the agreement includes Warner Music Group, Sony Music Entertainment, Universal Music Group and Disney Music Group.

The SAG-AFTRA Executive Committee unanimously approved the tentative agreement on Wednesday, April 10. It will now be sent to members for ratification.

SAG-AFTRA National Executive Director & Chief Negotiator Duncan Crabtree-Ireland said, “SAG-AFTRA and the music industry’s largest record labels have reached a groundbreaking agreement establishing, for the first time, collective bargaining guardrails assuring singers and recording artists ethical and responsible treatment in the use of artificial intelligence in the music industry. It is a testament to our mutual unwavering commitment to work together to safeguard the rights, dignity and creative freedom of our members.

“This agreement ensures that our members are protected. SAG-AFTRA stands firm in the belief that while technology can enhance the creative process, the essence of music must always be rooted in genuine human expression and experience. We look forward to working alongside our industry partners to foster an environment where innovation serves to elevate, not diminish, the unique value of each artist’s contribution to our rich cultural tapestry.”

The Record Label Negotiating Committee said, “We are pleased to reach this agreement with SAG-AFTRA and continue our strong partnership as we enter this exciting and fast-moving new era for music and artists. Together, we’ll chart a successful course forward, embracing new opportunities and facing our common challenges, strengthened by our shared values and commitment to human artistry.”

The artificial intelligence guardrails take effect immediately upon ratification. The terms “artist,” “singer,” and “royalty artist,” under this agreement only include humans. In this agreement, clear and conspicuous consent, along with minimum compensation requirements and specific details of intended use, are required prior to the release of a sound recording that uses a digital replication of an artist’s voice.

Additional highlights among the contract gains include increased minimums, health and retirement improvements, and an increase in the percentage of streaming revenue to be covered by contributions, among other gains.

Press Release: Universal and YouTube Announce AI Music Principles Consistent with Human Artistry Campaign and Artist Advisors

NEW YORK, Aug. 21, 2023 /PRNewswire/ — Today YouTube published a first ever set of AI music principles and launched the YouTube Music AI Incubator, kicking off with artists, songwriters and producers from Universal Music Group. YouTube’s three fundamental AI music principles are rooted in its commitment to collaborate with the music industry alongside bold and responsible innovation in the space. 

YouTube CEO, Neal Mohan, shared the platform’s AI music principles and his vision for how the framework will enhance creative expression while also protecting artists on the platform. The principles include:

  • Principle #1: AI is here, and we will embrace it responsibly together with our music partners. As generative AI unlocks ambitious new forms of creativity, YouTube and our partners across the music industry agree to build on our long collaborative history and responsibly embrace this rapidly advancing field.  Our goal is to partner with the music industry to empower creativity in a way that enhances our joint pursuit of responsible innovation. 
  • Principle #2: AI is ushering in a new age of creative expression, but it must include appropriate protections and unlock opportunities for music partners who decide to participate. We’re continuing our strong track record of protecting the creative work of artists on YouTube. We’ve made massive investments over the years in the systems that help balance the interests of copyright holders with those of the creative community on YouTube.
  • Principle #3: We’ve built an industry-leading trust and safety organization and content policies. We will scale those to meet the challenges of AI. We spent years investing in the policies and trust and safety teams that help protect the YouTube community, and we’re also applying these safeguards to AI-generated content. Generative AI systems may amplify current challenges like trademark and copyright abuse, misinformation, spam, and more. But AI can also be used to identify this sort of content, and we’ll continue to invest in the AI-powered technology that helps us protect our community of viewers, creators, artists and songwriters–from Content ID to policies and detection and enforcement systems that keep our platform safe behind the scenes. And we commit to scaling this work even further. 

In a rare guest YouTube blog Universal Music Group Chairman and CEO, Sir Lucian Grainge – who helped shape the principles – shared his vision for an artist centric approach to generative AI and how partnering with YouTube would best position the music industry for success as this technology continues to develop. Excerpts from the blog post include: 

  • “Our challenge and opportunity as an industry is to establish effective tools, incentives and rewards – as well as rules of the road – that enable us to limit AI’s potential downside while promoting its promising upside. If we strike the right balance, I believe AI will amplify human imagination and enrich musical creativity in extraordinary new ways.”
  • “Our enduring faith in human creativity is the bedrock of Universal Music Group’s collaboration with YouTube on the future of AI. Central to our collective vision is taking steps to build a safe, responsible and profitable ecosystem of music and video—one where artists and songwriters have the ability to maintain their creative integrity, their power to choose, and to be compensated fairly.”
  • “Today, our partnership is building on that foundation with a shared commitment to lead responsibly, as outlined in YouTube’s AI principles, where Artificial Intelligence is built to empower human creativity, and not the other way around.  AI will never replace human creativity because it will always lack the essential spark that drives the most talented artists to do their best work, which is intention. From Mozart to The Beatles to Taylor Swift, genius is never random.” 

Today’s announcement also introduced YouTube’s AI Music Incubator, a program that will bring together some of today’s most innovative artists, songwriters, and producers to help inform YouTube’s approach to generative AI in music. The incubator will kick off with a genre-spanning cohort of creatives from Universal Music Group, that includes Anitta, Björn Ulvaeus, d4vd, Don Was, Juanes, Louis Bell, Max Richter, Rodney Jerkins, Rosanne Cash, Ryan Tedder, Yo Gotti, and the Estate of Frank Sinatra, amongst others. 

  • Björn Ulvaeus shares: “While some may find my decision controversial, I’ve joined this group with an open mind and purely out of curiosity about how an AI model works and what it could be capable of in a creative process. I believe that the more I understand, the better equipped I’ll be to advocate for and to help protect the rights of my fellow human creators.”
  • Juanes shares: “Music is fundamental to the human experience – culturally and personally. For artists, our music is part of who we are. Given music’s role, artists must play a central role in helping to shape the future of this technology.  I’m looking forward to working with Google and YouTube as part of this influential group of UMG artists to assure that AI develops responsibly as a tool to empower artists and that it is used respectfully and ethically in ways that amplify human musical expression for generations to come.”
  • Max Richter shares: Like every new technology, AI brings with it opportunities, but it also raises profound challenges for the creative community. The tech world and the music distribution ecosystem are quickly evolving to embrace this transformative technology and, unless artists are part of this process, there is no way to ensure that our interests will be taken into account. We have to be in this conversation, or our voices won’t be heard. Therefore, I’m very happy to be part of the “artist incubator” which will allow me to advocate for the interests of the creative community in the applications of AI to music and music distribution.” 

Neal Mohan Blog : https://blog.youtube/inside-youtube/partnering-with-the-music-industry-on-ai/
Sir Lucian Grainge Guest Blog: https://blog.youtube/news-and-events/an-artist-centric-approach-to-ai-innovation/

Fans and Trust and Trust by Fans Are Essential for AI to Succeed

By Chris Castle

[This post first appeared on MusicTechPolicy]

We are told that artificial intelligence is a powerful tool that may end up being either the end of humanity through automated super soldiers making autonomous decisions regarding their own AI devised rules of engagement, or life saving medical procedures and diagnostic tools like House meets HAL. As usual–both outcomes are probably equally likely if humanity doesn’t keep the deus in the machina. We really don’t want them thinking “Hell is other machines.”

The question I have is how will we keep humanity around when companies like Google are hell-bent on achieving the Singularity ASAP. This is particularly true of creators–let’s not kid ourselves that the Google Books project was some altruistic motivation to build the digital library of Alexandria rather than a massive digitization project to build a large language model to train artificial intelligence through corpus machine translation.  And still is. As Kurt Sutter (show runner for Sons of Anarchytaught us about Google, “[t]he truth is, they don’t give a shit about free speech, and are the antithesis of their own mantra, ‘Don’t be evil.’” That was 2014 and boy was he right. And he still is. It’s not just Google, but Google is emblematic of Silicon Valley.

One of the lessons we learned from the 1990s is the calvary is not coming. We have to take our own steps to work both cooperatively and defensively against a tech threat. The Human Artistry Campaign and its AI Principles effort is a hopeful indicator that the creative community and its partners are coming together to get ahead of both the threat and the promise of AI.

Let’s not forget that it’s not just about us, it’s also about the fan, our “consumers” if you will. The biggest threat to creators in my view is destroying the relationship of trust that exists between fans and creators. If AI can allow a machine to impersonate a creator, that deception harms the creator, surely. But it also harms the fan. 

One of the AI principles from the Human Artistry Campaign jumped out at me as addressing this vital issue:

  • Trustworthiness and transparency are essential to the success of AI and protection of creators. 

Complete recordkeeping of copyrighted works, performances, and likenesses, including the way in which they were used to develop and train any AI system, is essential. Algorithmic transparency and clear identification of a work’s provenance are foundational to AI trustworthiness. Stakeholders should work collaboratively to develop standards for technologies that identify the input used to create AI-generated output. In addition to obtaining appropriate licenses, content generated solely by AI should be labeled describing all inputs and methodology used to create it — informing consumer choices, and protecting creators and rightsholders. 

Informing consumer choices. For a moment forget the artistic integrity, forget the human intervention, forget the free riding, just for a moment because these are all vital issues, too. At the core of the AI problem is deception and that issue is as old as time. You can’t essentially deceive fans about the origin of a work and you certainly can’t build a machine that does this all the livelong day and pretend you didn’t.

In Book 2 of Plato’s Republic, he uses the legend of a magic ring that turns the bearer invisible to illustrate a dialog on the nature of justice. The ring turns the wearer invisible so that they are capable of doing all manner of things while invisible–or anonymous–that would clearly be both unjust and punishable without the ring. Plato asks if an act is unjust solely because you get caught or is it unjust regardless of whether you are hidden from sight or apprehension. Yep, those Greeks were onto this early.

Deception is not genius. At the core of our concerns about AI is keeping them honest to protect our fans and the bedrock of the creator-fan relationship. Consumers should be able to rely on the reality of what appears to be an artist’s work that it actually does come from that artist. 

We do this with almost any other product or service that is placed into commerce, so why not with creative works? After all, artist rights are human rights.

We were happy to endorse the AI principles and encourage you to find out more about it at the Human Artistry Campaign or Artist Rights Watch and sign the petition.

Press Release: Human Artistry Campaign Launches, Announces Artificial Intelligence Principles to Sustain Artists

40+ groups representing artists, performers, writers, athletes & more launch campaign for AI that supports human creativity and accomplishment

WASHINGTON, DC / AUSTIN, TX (March 16, 2023) – A broad coalition announced the launch of the Human Artistry Campaign to ensure artificial intelligence technologies are developed and used in ways that support human culture and artistry – and not ways that replace or erode it. With more than 40 members including major unions, trade associations, and policy experts representing individual creators and rightsholders from across the entire tapestry of creative endeavor, the Human Artistry Campaign is positioned to be a leading voice in the rapidly unfolding debate over the costs and benefits of different forms of AI.

The group outlined principles advocating AI best practices, emphasizing respect for artists, their work, and their personas; transparency; and adherence to existing law including copyright and intellectual property. 

The campaign urges supporters to sign a petition to advance these fundamental principles.

The launch was announced at SXSW in Austin today at an event featuring voice actor and prolific songwriter Dan Navarro, GRAMMY-nominated singer-songwriter Jessy Wilson and UT Austin professor and immersive technology expert Erin Reilly – and moderated by Rob Levine, Billboard’s Deputy Editorial Director.

Core Principles for Artificial Intelligence Applications in Support of Human Creativity and Accomplishments

  1. Technology has long empowered human expression, and AI will be no different.

For generations, various technologies have been used successfully to support human creativity. Take music, for example… From piano rolls to amplification to guitar pedals to synthesizers to drum machines to digital audio workstations, beat libraries and stems and beyond, musical creators have long used technology to express their visions through different voices, instruments, and devices. AI already is and will increasingly play that role as a tool to assist the creative process, allowing for a wider range of people to express themselves creatively. 

Moreover, AI has many valuable uses outside of the creative process itself, including those that amplify fan connections, hone personalized recommendations, identify content quickly and accurately, assist with scheduling, automate and enhance efficient payment systems – and more. We embrace these technological advances. 

  • Human-created works will continue to play an essential role in our lives. 

Creative works shape our identity, values, and worldview. People relate most deeply to works that embody the lived experience, perceptions, and attitudes of others. Only humans can create and fully realize works written, recorded, created, or performed with such specific meaning. Art cannot exist independent of human culture.

  • Use of copyrighted works, and use of the voices and likenesses of professional performers, requires authorization, licensing, and compliance with all relevant state and federal laws.

We fully recognize the immense potential of AI to push the boundaries for knowledge and scientific progress. However, as with predecessor technologies, the use of copyrighted works requires permission from the copyright owner. AI must be subject to free-market licensing for the use of works in the development and training of AI models. Creators and copyright owners must retain exclusive control over determining how their content is used. AI developers must ensure any content used for training purposes is approved and licensed from the copyright owner, including content previously used by any pre-trained AIs they may adopt. Additionally, performers’ and athletes’ voices and likenesses must only be used with their consent and fair market compensation for specific uses.

  • Governments should not create new copyright or other IP exemptions that allow AI developers to exploit creators without permission or compensation.

AI must not receive exemptions from copyright law or other intellectual property laws and must comply with core principles of fair market competition and compensation. Creating special shortcuts or legal loopholes for AI would harm creative livelihoods, damage creators’ brands, and limit incentives to create and invest in new works.

  • Copyright should only protect the unique value of human intellectual creativity.

Copyright protection exists to help incentivize and reward human creativity, skill, labor, and judgment -not output solely created and generated by machines. Human creators, whether they use traditional tools or express their creativity using computers, are the foundation of the creative industries and we must ensure that human creators are paid for their work.  

  • Trustworthiness and transparency are essential to the success of AI and protection of creators. 

Complete recordkeeping of copyrighted works, performances, and likenesses, including the way in which they were used to develop and train any AI system, is essential. Algorithmic transparency and clear identification of a work’s provenance are foundational to AI trustworthiness. Stakeholders should work collaboratively to develop standards for technologies that identify the input used to create AI-generated output. In addition to obtaining appropriate licenses, content generated solely by AI should be labeled describing all inputs and methodology used to create it — informing consumer choices, and protecting creators and rightsholders. 

  • Creators’ interests must be represented in policymaking. 

Policymakers must consider the interests of human creators when crafting policy around AI. Creators live on the forefront of, and are building and inspiring, evolutions in technology and as such need a seat at the table in any conversations regarding legislation, regulation, or government priorities regarding AI that would impact their creativity and the way it affects their industry and livelihood.

About the Human Artistry Campaign: The Human Artistry Campaign was launched at SXSW 2023 for open dialogue and guidance from the united creative community in shaping the AI debate. Visit HumanArtistryCampaign.com to join.

Members include: AFL-CIO; American Association of Independent Music; American Federation of Musicians; Americana Music Association; American Photographic Artists; Artist Rights Alliance; Artist Rights Watch; ASCAP; Association of American Publishers; Authors Guild; Black Music Action Coalition; BPI; Christian Music Trade Association; Church Music Publishers Association; Concept Art Association; Department of Professional Employees, AFL-CIO; European Composer and Songwriter Alliance; Folk Alliance International; Future of Music Coalition; Georgia Music Partners; Global Music Rights; Gospel Music Association; Graphic Artists Guild; IFPI; International Federation of Actors; #IRespectMusic; Living Legends Foundation; MLB Players Association; Music Artists Coalition; Music Managers Forum – US; Music Tech Policy; Music Workers Alliance; National Music Publishers’ Association; News Media Alliance; NFL Players Association; NHL Players’ Association; Professional Photographers of America; Recording Academy; Recording Industry Association of America; Rhythm & Blues Foundation; SAG-AFTRA; SESAC, Songwriters of North America; SoundExchange and The Trichordist.

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www.HumanArtistryCampaign.com

contact@humanartistrycampaign.com