The Importance of Consent
What is the Artistic Rights Treasury (A.R.T.)?
Who is the "Rights Holder"?
Who is the “Requester”?
Who is the “Rights Clearance Manager”?
Consent for Localization vs. Editing Project Type
Configuring Consent Requirements by Vub Quality
NEW A.R.T. Consent Workflow 2.0
With A.R.T. version 2.0, you can:
- Assign multiple collaborators to the consent workflow
- Configure consent review requirements for each vub quality
RCMs can turn consent on and off for Standard, Professional and Theatrical vubs and determine which need consent review. - Track requests and monitor progress
- Review a complete ledger of all consent actions and decisions
Read about the new workflow based on your role:
A.R.T. for Requesters
A.R.T. for Rights Clearance Managers
A.R.T. for Rights Holders
The Importance of Consent
“Human creators are the foundation of the creative industries and we must ensure that they are respected and paid for their work. Trustworthiness and transparency are essential to the success of A.I.”
SAG-AFTRA
Flawless believes that an industry-wide solution to consent is the best way to unlock the potential of AI for professional users, individuals and companies. By making the Artistic Rights Treasury (A.R.T.), we hope to realize that potential.
What is the Artistic Rights Treasury (A.R.T.)?
Built for industry and intended for partnership, A.R.T. sits alongside our editing tools as an additional platform for managing rights in a succinct and comprehensive way. In DeepEditor, this includes providing management for performer consents.
When creating a project in DeepEditor, you will need to give consent for any substantial changes made to you or your client's image. This provides compliance with union rules and performer contracts, assurance to producers, builds data provenance, enables safe commercial usage, and facilitates related compensation and accreditation flows for both input data and output content.
Consent here is similar to obtaining rights clearances for copyrighted music, archive footage and artistic designs.
Who is the "Rights Holder"?
The Rights Holder is the performer, or their nominated representative, such as an agent. A Rights Holder may receive consent requests from the nominated Rights Clearance Manager to review changes made to a performance where their (or their client’s) likeness is involved. Learn more about the Rights Holder role in the consent workflow here.
Who is the “Requester”?
This is the person using DeepEditor to make visual dubs or other visual performance changes (which we call “Vubs”).
Learn more about the Requester's role in the consent workflow here.
Who is the “Rights Clearance Manager”?
The Rights Clearance Manager is the person assigned responsibility for gathering all necessary consents from performers in relation to Vubs. They are usually in the legal department or a producing role - the specific title or role depends on the production.
Flawless recommends that the Rights Clearance Manager be a post producer, coordinator, or the individual who already handles licensing for stock footage and other clearances.
This person will manage the requests directly with the performer or their agent, or manager.
Assigned as a Rights Clearance Manager? Learn more about the role here.
Example Consent Scenarios
Consent Required:
- Substantial changes to performance that are not within legal or contractual exceptions to consent.
For example, a performance distinctly changed from what was scripted, performed, or recorded is probably changed substantially, unless it’s simply for language localization.
Consent NOT Required:
- Draft Vubs (these are always watermarked downloads).
- Insubstantial changes to performance.
- Localization under a Dubbing Modification Agreement (“Dubbing Agreement”).
*These are not final legal guidelines. Not all consent scenarios are represented.
Consent for Editing vs. Localization Projects
When you create a project in DeepEditor you will be prompted to choose between two types of project: Editing or Localization.
Editing Project
If your intended use for DeepEditor is to alter performances, select the "Editing" project type. You will then be prompted to input the email address of your Rights Clearance Manager.
Localization Project
If your project includes a legal "Dubbing Agreement" or comprehensive consent from the talent (or an authorized representative of their estate or interests) for facial modifications, select the "Localization" Project Type. Selecting "Localization" means you can bypass the Artistic Rights Treasury.
We trust our customers to act in good faith regarding the legal implications of opting to bypass the Artistic Rights Treasury.
Configuring Consent Requirements by Vub Quality
Rights Clearance Managers can define which vub qualities require consent review.
Here is the process the RCM would follow:
- Go to Project > Settings > Consent Review Required.
- For each vub quality, choose one of the following:
- Yes: Manual review is required before download.
- No: A consent record is created and auto-approved.
Notes:
- Draft quality never requires review.
- In a DeepEditor Project set up as 'Editing' type Standard and higher qualities require review by default.
- Changes only apply to new exports created after the update.
- All projects created in the Avid Media Composer plugin default to the 'Editing' project type.
Updates are logged in the A.R.T Ledger for transparency.