In 2005, the Local 802 Executive Board issued a resolution denouncing the use of a technology that was then called the “virtual orchestra machine.” The board found that the sole purpose of this tech was to eliminate live music so that presenters of musical events could reap greater profits.

At the time, Local 802 vowed to take whatever steps necessary to stop the virtual orchestra. The union successfully negotiated contractual terms that prohibited use of this tech without bilateral written consent. That language survived several legal challenges, and Local 802 was successful in preventing the widespread use of the virtual orchestra. However, a similar but more advanced technology called KeyComp has made its appearance in some nonunion theatrical productions across the country. (Local 802’s Broadway contract has guardrails against the use of this type of tech.)

KeyComp uses existing recorded tracks of live musicians to replace acoustic instruments. Just as Local 802 attempted to ban the virtual orchestra machine in 2005, a similar effort is being undertaken to prevent use of this form of synthetic music, as noted by AFM Executive Board member Ed Malaga.

Local 802 has the negotiating ability to limit or even prohibit the virtual orchestra machine and KeyComp because they rely on specific types of electronic devices, techniques and knowledge. Unfortunately, Generative A.I. presents an entirely different scenario and a much greater existential threat to musicians. It is an amorphous algorithmic system that has already pervaded our creative culture. It’s been in use for years and is advancing at an exponentially high rate. The genie is out of the bottle and it’s not going back in.

Senate Majority Leader Chuck Schumer has recognized this hard fact. He said: “The age of AI is here and is here to stay. Now is the time to develop, harness, and advance its potential to benefit … [by] creating a framework that outlines a new regulatory regime that would prevent potentially catastrophic damage to our country while simultaneously making sure the U.S. advances and leads in this transformative technology.

As a result of this realization, Senator Schumer, with the assistance of leading AI industry experts, has developed a framework to create defined guardrails to deliver transparent, responsible AI without stifling its advancement. These guardrails will require disclosure and independent testing of AI technologies prior to their public release with the goal of ultimately protecting those impacted and affected by their use. These guardrails will inform newly drafted legislation. However, we have yet to see how these guardrails will actually operate.

Representative Adam Schiff has gone even further. On April 9, 2024, Rep. Schiff unveiled before Congress the Generative AI Copyright Disclosure Act.

This legislation would require that a public notice be filed with the Register of Copyrights detailing the copyrighted materials that are being utilized to train new generative AI systems prior to their release. The bill will have a retroactive effect to cover previously released generative AI systems. The benefit of this legislation is that copyright owners will be given advance notice that their protected works are being used and thus be able to enforce their copyright.

In a statement that accompanied his legislation, Schiff stated that “AI has the disruptive potential of changing our economy, our political system, and our day-to-day lives. We must balance the immense potential of AI with the crucial need for ethical guidelines and protections.”

Rep. Schiff’s proposed legislation is a pivotal step in that direction. However, more needs to be done and each of us must learn what this technology is and what it is capable of.

In early April, more than 200 performing artists created an open letter calling for tech companies, AI developers and digital music services to stop using AI over concerns of its impact on artists and songwriters. Their concern is entirely warranted. However, unlike the virtual orchestra and KeyComp, achieving this goal will be extremely difficult to achieve. Realistic expectations and goals must be created. Making this technology too expensive to use may be one way to contain it. New legislation and legislature frameworks, such as those outlined here, may serve that purpose.

As noted in Gene Perla’s article in this month’s Allegro, Local 802 has created a new AI Advisory Committee. I highly recommend that anyone concerned about Generative AI join and become active members. I also recommend you check out Local 802’s AI Resource Page on our website.