Protect Your Work and Your Rights Through AFM Agreements

August 1, 2025

Dusty Kelly  -  AFM International Executive Board and Executive Director Local 149 (Toronto, ON)

As each one of our Canadian national electronic media contracts have come up for renewal, we have made it a priority to incorporate generative artificial intelligence (GAI) language in the form of side letters to protect our musicians’ work. We take the position that music content produced for film, television, or digital media is covered work, whether or not that work uses GAI or consequently attracts corresponding payments and protections.

The AFM, in its negotiations with the Alliance of Motion Picture and Television Producers (AMPTP), successfully bargained language that was modelled on that of SAG-AFTRA’s. We have taken the AMPTP contract’s model language, added a Canadian lens, and used this as the starting point for our Canadian contract negotiations. The language addresses the three Cs: credit, consent, and compensation.
In Canada, the Liberal government, led by Mark Carney, has incorporated a first by appointing Evan Salomon, Toronto Centre MP, as Minister of Artificial Intelligence and Digital Innovation, a clear indication of the importance of AI to this federal government.

The National Electronic Media Team recently concluded negotiations for renewal of the Canadian Broadcasting Corporation/Radio Canada (CBC) General Production Agreement that included a GAI side letter. Although we started with our model GAI side letter language, it was quickly rejected by CBC. Ethical use of GAI was one of CBC’s concerns.

Their other desire was for flexibility on the use of GAI in producing future musical content. The negotiations came down to arguments over key words like “original.” We achieved measurable language that protects musicians’ work with a reaffirmation by the CBC to engage musicians when they create musical content. The expenditure guarantee is still in place. To be clear, CBC presently does not permit the use of GAI.

The National Electronic Media Team is now in negotiations with the Canadian Media Producers Association (CMPA) for a GAI side letter to the Independent Production Agreement (IPA).

We remind members of their AFM obligations to work only under AFM agreements for recording. Article 15, Section 1 (a) of AFM Bylaws state: “No AFM member shall take engagement or employment or become engaged or employed in the rendering of musical services of any kind (e.g., the making of soundtracks, “sidelining,” etc.) for any type of recorded product (audio and/or visual) unless the person, firm, or corporation providing the engagement or employment shall have previously entered into an appropriate written agreement with, or approved in writing by, the AFM.” In addition, we remind you that the cost of nonunion recording and use of waivers that include GAI are giving away your rights, including moral rights worldwide, and in perpetuity.

Many engagers exploit musicians by demanding they sign blanket waivers that take away all rights to downstream revenues your work may generate, no matter how your work is reused, or how much money that reuse generates. To be clear, we are not talking about self-produced recordings, or where there is no engager (Joint Venture Agreement applicable). Without an AFM agreement, your work could find its way into a commercial, TV show, or even be used to train AI. You will see no additional revenue beyond the onetime payment, and now in this GAI world, there is nothing to prevent you from being displaced in future live work without compensation.

Collective agreements and AFM recording contracts exist to protect your rights to compensation, consent, and control of your work. For further information on recording contracts for your projects, or to better understand a job offer that is accompanied with a request to sign a waiver of your rights, please reach out. The AFM is ready to assist, here in Canada through the Canadian office or your local’s office.

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