AI and relevant rights in the context of collective management |
Introduction
To assess the role AEPO-ARTIS members can play in the context of AI, it is essential to know which specific rights they might potentially be able to - or obliged to - manage on behalf of their performers. It should not be assumed (particularly in the case of AI) that there is never a role for CMOs to play in the management of exclusive rights.
Some CMO membership agreements contain an assignment by the performer to the CMO of specific exclusive rights and some may contain a catch-all clause that aims at obtaining a mandate for all rights not transferred to any third party.
In addition, national contract law or copyright law (or collective bargaining agreements) may state that a performer cannot authorise the use of his/her performances in “a manner not yet conceived of”. In such countries, it is highly disputable that existing contracts allow a performance to be exploited in the context of generative AI (unless a contract was concluded in e.g. the past 2 years).
Some CMO membership agreements contain an assignment by the performer to the CMO of specific exclusive rights and some may contain a catch-all clause that aims at obtaining a mandate for all rights not transferred to any third party.
In addition, national contract law or copyright law (or collective bargaining agreements) may state that a performer cannot authorise the use of his/her performances in “a manner not yet conceived of”. In such countries, it is highly disputable that existing contracts allow a performance to be exploited in the context of generative AI (unless a contract was concluded in e.g. the past 2 years).
It should be examined whether this creates opportunities for CMOs in such circumstances.
In order that this issue can be discussed in an informed manner at the AEPO-ARTIS expert group taking place on 10 and 11 December, we request that you complete this brief survey no later than 29 November.
A document containing the questions in the survey is available HERE. If you wish to preview the questions, please download this document and do not partially complete the survey.
Thank you.