Common use of Use of New Technologies Clause in Contracts

Use of New Technologies. a) A Producer continues to have the right to utilize new technologies in connection with animated motion picture production, including in connection with creative elements. To the extent that utilization of such new technologies result in Technological Change as defined in Article 4.E.1., the Technological Change provisions shall apply. Producer may require employees to use any AI System1 or resulting output of such systems for use in connection with the performance of covered work. Subject to subparagraph C.2.c) below, employees who utilize an AI System to perform services, including by inputting prompts or otherwise overseeing the use of the AI System, shall continue to be covered under the terms of this Agreement while performing such work. The parties agree that an AI System (including any Gen AI System) is not a person, and any employee’s use of a Gen AI or AI System in connection with bargaining unit work shall not affect any of the employee’s rights or entitlements otherwise provided for in this Agreement, including for purposes of credit. b) The Producer will not require an employee to provide prompts furnished by the employee in the performance of bargaining unit work in a manner that results in the displacement of any covered employee. c) Should an employee use an AI System in the performance of covered work, the employee will be required to adhere to the Producer’s policies (e.g., policies related to ethics, privacy, security, copyrightability or other protection of intellectual property rights), which shall be provided to the employee. In any event, the Producer retains the right to require that an employee obtain consent from the Producer before using AI Systems, and Producer retains the right to reject the use of AI Systems or any output from such use, including when the use could adversely affect the copyrightability or exploitation of the work or create other risks or liabilities for the Producer. Producer agrees to provide the International Union with any written policies governing the use of AI Systems by employees covered under this Agreement. Upon request, the Producer shall also provide the Union with any such written policies. “A Producer’s decision to require an employee to use an AI System in connection with the employee’s performance of 1 Should the Producer agree to use an employee’s own AI System, Producer and employee shall negotiate for reasonable reimbursement for such use. bargaining unit work, including for any creative elements or administrative tasks, will be subject to consultation with the employee at the employee’s request, provided that the requirements of production allow time for the consultation. For clarity, such consultation includes an opportunity to identify alternative approaches. Notwithstanding the foregoing, a Producer shall give advance written notice to an employee who might be asked or required to utilize a Gen AI System in the performance of covered work. d) Should a Producer furnish an animation writer with written material which the Producer knows to be produced by a Gen AI System, and the Producer instructs the animation writer to use the Gen AI-produced written material as the basis for writing a synopsis, outline or a screenplay or teleplay, Producer shall disclose to the animation writer that the written material was Gen AI-produced. Further, for the avoidance of doubt, and as provided for in subparagraph C.2.a) above, any use of Gen AI-produced written material shall not affect any other rights or entitlements under this Agreement. “For example, if a Producer provides Gen AI-produced written materials to an animation writer or allows the animation writer to use a Gen AI System to produce written materials, any Gen AI- produced written material shall not be considered for purposes of determining screenplay or teleplay credit. e) The Producer shall indemnify the employee from liability and necessary costs, including by providing the employee a legal defense resulting from any claims arising from the use of AI Systems or the resulting output occurring in the performance of the employee’s duties and within the scope of the employee’s employment with Producer, subject to the conditions that: i) This subparagraph e) shall not apply in any instance in which the injury, loss or damage is the result of or caused by, in whole or in part, the gross negligence or willful misconduct of such employee; ii) Employee is not in breach of the Producer’s policies which have been disclosed to the employee and the employee has made appropriate disclosure of the use of AI Systems to the Producer; iii) Immediately upon the employee and/or the Union being informed of any claim or litigation, the employee and/or the Union shall notify Producer thereof and give Producer full details of any claim or the institution of any action for which the employee seeks indemnification under this subparagraph, including by delivering to the Producer every demand, notice, summons, complaint or other process received; iv) Producer shall name or cover the employee as an additional insured on its errors and omissions policies, if any, respecting motion pictures; and v) The employee shall cooperate fully in the defense of any claim for which indemnification is provided in this subparagraph v., including the attending of hearings and trials, securing and giving evidence and obtaining the attendance of witnesses.

Use of New Technologies. a(i) A Producer continues to have the right to utilize new technologies in connection with animated motion picture production, including in connection with creative elements. To the extent that utilization of such new technologies result in Technological Change as defined in Article 4.E.1., the Technological Change provisions shall apply. Producer may require employees to use any AI System1 System2 or resulting output of such systems for use in connection with the performance of covered work. Subject Employees who are assigned to subparagraph C.2.c) below, employees who utilize an AI System to perform services, including by inputting prompts or otherwise overseeing the use of the AI System, shall continue to be covered under the terms of this Agreement while performing such work. The parties agree that an AI System (including any Gen AI System) is not a person, and any employee’s use of a Gen AI or AI System in connection with bargaining unit work shall not affect any of the employee’s rights or entitlements otherwise provided for in this Agreement, including for purposes of credit. b(ii) The Producer will not require an employee to provide prompts furnished by the employee in the performance of bargaining unit work in a manner that results in the displacement of any covered employee. c(iii) Should an employee use an AI System Systems in the performance of covered work, the employee will be required to adhere to the Producer’s policies (e.g., policies related to ethics, privacy, security, copyrightability or other protection of intellectual property rights), which shall be provided to the employee. In any event, the Producer retains the right to require that an employee obtain consent from the Producer before using AI Systems, and Producer retains the right to reject the use of AI Systems or any output from such use, including when the use could adversely affect the copyrightability or exploitation of the work or create other risks or liabilities for the Producer. Producer agrees to provide the International Union with any written policies governing the use of AI Systems by employees covered under this Agreement. Upon request, the Producer shall also provide the Union Local USA 829 with any such written policies. “A Producer’s decision to require an employee to use an AI System in connection with the employee’s performance of 1 Should the Producer agree to use an employee’s own AI System, Producer and employee shall negotiate for reasonable reimbursement for such use. bargaining unit work, including for any creative elements or administrative tasks, will be subject to consultation with the employee at the employee’s request, provided that the requirements of production allow time for the consultation. For clarity, such consultation includes an opportunity to identify alternative approaches. Notwithstanding the foregoing, a Producer shall give advance written notice to an employee who might be asked or required to utilize a Gen AI System in the performance of covered work. d) Should a Producer furnish an animation writer with written material which the Producer knows to be produced by a Gen AI System, and the Producer instructs the animation writer to use the Gen AI-produced written material as the basis for writing a synopsis, outline or a screenplay or teleplay, Producer shall disclose to the animation writer that the written material was Gen AI-produced. Further, for the avoidance of doubt, and as provided for in subparagraph C.2.a) above, any use of Gen AI-produced written material shall not affect any other rights or entitlements under this Agreement. “For example, if a Producer provides Gen AI-produced written materials to an animation writer or allows the animation writer to use a Gen AI System to produce written materials, any Gen AI- produced written material shall not be considered for purposes of determining screenplay or teleplay credit. e(iv) The Producer shall indemnify the employee from liability and necessary costs, including by providing the employee a legal defense resulting from any claims arising from the use of AI Systems or the resulting output occurring in the performance of the employee’s duties and within the 2 Should the Producer agree to use an employee’s own AI System, Producer and employee shall negotiate for reasonable reimbursement for such use. scope of the employee’s employment with Producer, subject to the conditions that: i(A) This subparagraph e(iv) shall not apply in any instance in which the injury, loss or damage is the result of or caused by, in whole or in part, the gross negligence or willful misconduct of such employee; ii(B) Employee is not in breach of the Producer’s policies which have been disclosed to the employee and the employee has made appropriate disclosure of the use of AI Systems to the Producer; iii(C) Immediately upon the employee and/or the Union being informed of any claim or litigation, the employee and/or the Union shall notify Producer thereof and give Producer full details of any claim or the institution of any action for which the employee seeks indemnification under this subparagraph, including by delivering to the Producer every demand, notice, summons, complaint or other process received; iv(D) Producer shall name or cover the employee as an additional insured on its errors and omissions policies, if any, respecting motion pictures; and v(E) The employee shall cooperate fully in the defense of any claim for which indemnification is provided in this subparagraph v.(iv), including the attending of hearings and trials, securing and giving evidence and obtaining the attendance of witnesses.

Use of New Technologies. a) i. A Producer continues to have the right to utilize new technologies in connection with animated motion picture production, including in connection with creative elements. To the extent that utilization of such new technologies result in Technological Change as defined in Article 4.E.1.4.I.1, the Technological Change provisions shall apply. Producer may require employees to use any AI System1 System7 or resulting output of such systems for use in connection with the performance of covered work. Subject to subparagraph C.2.c) paragraph 3.b.iii below, employees who utilize 7 Should the Producer agree to use an employee’s own AI System, Producer and employee shall negotiate for reasonable reimbursement for such use. an AI System to perform services, including by inputting prompts or otherwise overseeing the use of the AI System, shall continue to be covered under the terms of this Agreement while performing such work. The parties agree that an AI System (including any Gen AI System) is not a person, and any employee’s use of a Gen AI or AI System in connection with bargaining unit work shall not affect any of the employee’s rights or entitlements otherwise provided for in this Agreement, including for purposes of credit. b) ii. The Producer will not require an employee to provide prompts furnished by the employee in the performance of bargaining unit work in a manner that results in the displacement of any covered employee. c) iii. Should an employee use an AI System in the performance of covered work, the employee will be required to adhere to the Producer’s policies (e.g., policies related to ethics, privacy, security, copyrightability or other protection of intellectual property rights), which shall be provided to the employee. In any event, the Producer retains the right to require that an employee obtain consent from the Producer before using AI Systems, and Producer retains the right to reject the use of AI Systems or any output from such use, including when the use could adversely affect the copyrightability or exploitation of the work or create other risks or liabilities for the Producer. Producer agrees to provide the International Union with any written policies governing the use of AI Systems by employees covered under this Agreement. Upon request, the Producer shall also provide the Union with any such written policies. “A Producer’s decision to require an employee to use an AI System in connection with the employee’s performance of 1 Should the Producer agree to use an employee’s own AI System, Producer and employee shall negotiate for reasonable reimbursement for such use. bargaining unit work, including for any creative elements or administrative tasks, will be subject to consultation with the employee at the employee’s request, provided that the requirements of production allow time for the consultation. For clarity, such consultation includes an opportunity to identify alternative approaches. Notwithstanding the foregoing, a Producer shall give advance written notice to an employee who might be asked or required to utilize a Gen AI System in the performance of covered work. d) iv. Should a Producer furnish an animation writer with written material which the Producer knows to be produced by a Gen AI System, and the Producer instructs the animation writer to use the Gen AI-produced written material as the basis for writing a synopsis, outline or a screenplay or teleplay, Producer shall disclose to the animation writer that the written material was Gen AI-produced. Further, for the avoidance of doubt, and as provided for in subparagraph C.2.a) section 3.b.i above, any use of Gen AI-AI- produced written material shall not affect any other rights or entitlements under this Agreement. “For example, if a Producer provides Gen AI-AI- produced written materials to an animation writer or allows the animation writer to use a Gen AI System to produce written materials, any Gen AI- AI-produced written material shall not be considered for purposes of determining screenplay or teleplay credit. e) v. The Producer shall indemnify the employee from liability and necessary costs, including by providing the employee a legal defense resulting from any claims arising from the use of AI Systems or the resulting output occurring in the performance of the employee’s duties and within the scope of the employee’s employment with Producer, subject to the conditions that: i(A) This subparagraph e) v. shall not apply in any instance in which the injury, loss or damage is the result of or caused by, in whole or in part, the gross negligence or willful misconduct of such employee; ii(B) Employee is not in breach of the Producer’s policies which have been disclosed to the employee and the employee has made appropriate disclosure of the use of AI Systems to the Producer; iii(C) Immediately upon the employee and/or the Union being informed of any claim or litigation, the employee and/or the Union shall notify Producer thereof and give Producer full details of any claim or the institution of any action for which the employee seeks indemnification under this subparagraph, including by delivering to the Producer every demand, notice, summons, complaint or other process received; iv(D) Producer shall name or cover the employee as an additional insured on its errors and omissions policies, if any, respecting motion pictures; and v(E) The employee shall cooperate fully in the defense of any claim for which indemnification is provided in this subparagraph v., including the attending of hearings and trials, securing and giving evidence and obtaining the attendance of witnesses.