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 "Consenter"?
The Consenter is the performer, or their nominated representative, such as an agent. This person will be recorded as the Consenter in the DeepEditor project, and will receive all consent requests relating to that performer so they can approve or decline substantial changes to their performance.
Without consent, a DeepEditor user will not be able to download a video file containing the altered image without a Flawless watermark.
Images edited with DeepEditor are not used to train Flawless AI models or used for any other purpose.
Assigned as a Consenter? Learn more about the role 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 role here.
Who is a “Rights Clearance Manager”?
This 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, but the specific title or role depends on the production.
Flawless recommends the Rights Clearance Manager be a post producer, coordinator or the individual that 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 localisation.
Consent NOT Required:
- Draft Vubs (i.e. Watermarked downloads).
- Insubstantial changes to performance.
- Localisation under a Dubbing Modification Agreement (“Dubbing Agreement”).
*These are not final legal guidelines. Not all consent scenarios are represented.
Localisation vs. Editorial
When the user first creates a project with DeepEditor. They will be prompted to choose the type of project.
Localisation
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 "Localisation" Project Type.
Selecting "Localisation" 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.
Editorial
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.
