Pre-Publication V3. The application of artificial intelligence to capture, synthesize, modify, and/or replicate a human being or animal performer’s natural person’s human individual's performance attributes, which can include visual and physiological likeness, both still and kinetic facial expression, body movement, biometric characteristics, choreography, and voice whether partially or in full.
Deliberation Summary:
Consider aligning with existing collectively bargained definitions and building on that baseline.
Pre-Publication V2. The application of artificial intelligence to capture, synthesize, modify, and/or replicate a human individual's performance attributes, which can include including visual and physiological likeness, both still and kinetic facial expression, body movement, biometric characteristics, choreography, and voice whether partially or in full. AI digital performance encompasses a spectrum of production methodologies ranging from AI-assisted capture and enhancement of a live performance, to AI-driven modification of existing recorded material, to wholly synthetic generation of a performance without direct human execution. The subject of an AI digital performance may be a consenting participant, a third party whose likeness or attributes are replicated from existing recordings, or a composite of multiple individuals.
Deliberation Summary:
(1) Consider that automated detection is not a settled capability, noting meaningful rates of false positives and false negatives and the absence of a reliable method for distinguishing human from generated material, and cautioned that treating detection as settled could be wrongly used, including removal of an account without notice or recourse. (2) Consider referring to movement patterns, on the view that unnatural movement of a person, of the camera, or of an ordinary element within the frame can assist in identifying manipulated material. (3) Whether the passage describing the subject of a performance should address non-consent or be considered as a standards matter, and identified a conflation between anatomical appearance and movement, taking the position that facial expression involves movement, that a person's kinetic signature forms part of likeness, and that choreography is a separate matter; (3) Consider defining likeness and choreography separately and performance and appearance should be distinguished.
Pre-Publication V1. The application of artificial intelligence to capture, synthesize, modify, or replicate a human individual's performance attributes including visual likeness, facial expression, body movement, biometric characteristics, and voice whether partially or in full. AI digital performance encompasses a spectrum of production methodologies ranging from AI-assisted capture and enhancement of a live performance, to AI-driven modification of existing recorded material, to wholly synthetic generation of a performance without direct human execution. The subject of an AI digital performance may be a consenting participant, a third party whose likeness or attributes are replicated from existing recordings, or a composite of multiple individuals.