Dynamic A.I. Audio Commercials Waiver

Effective immediately, a new waiver has been issued under the SAG-AFTRA Audio Commercials Contract establishing rates for Dynamic A.I. Audio Commercials.

What is the Dynamic A.I. Audio Commercials Waiver?

In 2019, the Dynamic Audio Waiver was introduced as part of the 2019 SAG-AFTRA Audio Commercials Contract. This waiver provided terms for the use of digital technology to create personalized, audio-only digital ads, where customized elements that reflect listener specifics (time of day, weather, location, etc) are dynamically inserted at the time of delivery to a listener. Examples of customized “elements” include “good morning,” “good afternoon,” “good night” and “A rainy day here in NYC,” “A spring day here in NYC,” “A hot day here in NYC.” Only commercials that are personalized via this specific technology may use the provisions of this waiver.

Building on the success of the Dynamic Audio Waiver, a new waiver to the 2022 SAG-AFTRA Audio Commercials Contract was recently approved which provides terms for the use of A.I. technology in the creation of digital voice replicas and the use of these replicas in personalized dynamic audio ads — the Dynamic A.I. Audio Commercials Waiver.

What is the difference in terms between the original Dynamic Audio Waiver and the new Dynamic A.I. Audio Commercials Waiver?

There is little difference between performer compensation under the Dynamic Audio Waiver and the Dynamic A.I. Audio Commercials Waiver. Under the waivers, performers are paid a session fee for each commercial created from a performer’s live voice or from the use of the performer’s digital voice replica. Under the Dynamic A.I. Audio Commercials Waiver performers also receive an additional 50% of a session fee for the creation of the customized “elements” that are dynamically inserted  to personalize the commercial. Examples of these “elements” include “good morning,” “good afternoon,” “good night” and “ A rainy day here in NYC,” “A spring day here in NYC,” “A hot day here in NYC.” Under both waivers, use of the commercial (and its elements) is paid according to the rates in our Audio Flex Contract and are based on the length of time the commercial is used.

Please contact Kim Stevens at kstevens@jointpolicycommittee.org or Beth Haynes at bhaynes@jointpolicycommittee.org with any questions.