Artificial Intelligence
BECS maintains that performers’ work should not be used to train AI models without consent and fair remuneration.
It is generally assumed that a vast number of audiovisual works have already been scraped from the internet by AI developers and used for AI training without the consent of producers (in most cases) and certainly without the consent of performers, who now risk losing work because of AI technologies.
At BECS’ December 2025 AGM, members overwhelmingly voted to amend the BECS mandate and Articles to put BECS in the best position to collectively manage and exercise rights relevant to AI training and outputs on behalf of its members. This applies to uses outside the scope of any agreements that individual performers may choose to enter with producers for individual productions.
In the EU, Article 4 of the Directive on Copyright in the Digital Single Market (EU) 2019/790, contains an exception to authors’ and performers’ exclusive reproduction right, meaning that anyone may carry out text and data mining (or “TDM”) of lawfully accessible works, which can be used to train AI systems unless the rights holders have expressly reserved their rights, often referred to as “opting-out”. Although AI training involves processes other than TDM, which also breach performers’ rights, some AI developers have relied on this exception to avoid seeking permission. This exception is relevant to AI training in the EU and models deployed in the EU.
As it is not practical for performers to opt-out on an individual basis, AEPO ARTIS (which is a lobbying organisation for performers’ rights in the EU, and of which BECS is a member), is supportive of its member CMOs which choose to opt out collectively on behalf of their members. The aim of reserving rights by opting out is for rightsholders to have greater control over whether their works are used and to allow the possibility of licensing AI related uses. This creates an opportunity for new revenue streams rather than leaving such uses unremunerated.
In addition to the infringement of performers’ rights that may occur during the input stage, the AI generated outputs may also breach performers’ rights and otherwise harm their interests (for example the creation of deepfakes/digital replicas without the performer’s consent).
By opting out collectively on behalf of its members, BECS aims to raise public and political awareness of these issues, strengthen performers’ bargaining position and help ensure performers get a seat at the negotiating table. For more information about this please click here
Legislative choices made in other countries will affect performers whose work is used in AI training and outputs in those countries. BECS now has a clear mandate to collect remuneration for our members from partner organisations in countries that may introduce CMO administered remuneration schemes for AI uses.
BECS will continue to advocate for fair treatment and fair remuneration for performers as the digital landscape evolves
Below are links to some informative resources about AI and its impact on audiovisual performers.
Brave New World? Justice for creators in the age of Gen AI – ISM
BECS Response to Government Consultation on Copyright and Artificial Intelligence