Whose rights should take priority?
Why are discussions regarding individual person and property rights excluded from collective bargaining negotiations? How will AI be handled as a threat to jobs by regulators and unions like ACTRA?
Don’t Count AI-Generated Content as CanCon, CRTC Hears
The Canadian Press posted this article on May 22.
The issue involves is “man vs machine”, an age-old debate.
New technologies have always entered the workplace and made workers nervous. Few have had the impact of AI, especially in areas that were traditionally immune to technology advances.
The first three paragraphs of the linked article:
The CRTC should not classify material generated by artificial intelligence as Canadian content, unions representing actors and writers told the regulator Thursday.
The Alliance of Canadian Cinema, Television and Radio Artists said that “under no circumstance” should AI-created material be considered CanCon.
“Otherwise, it is a betrayal to our performers, who have already seen their moral rights violated and job opportunities limited by AI,” national president Eleanor Noble said.
The actors union president is urging the CRTC to “protect the livelihoods of Canadian performers”. Meanwhile, Noble has nothing to say about the rights of employers to use whatever resources they deem necessary for their requirements.
Protection of individual person and property rights (IPPR).
As a Libertarian, I perceive ACTRA and the CRTC to be engaged in a moral choice involving negotiations to determine the property rights of two groups.
Individuals
Each person brings to a job, such as acting, their person. They possess individual and unique assets - body, mind and will. These encompass all of their skills, knowledge, talents and physical characteristics. Consider these assets as their “personal property” which each one employs to his or her advantage in particular economic markets.
Employers
Project owners provide everything else for the workplace. For audio-visual projects, for example, they provide the script, crew, set, props, direction, costumes, editing, distribution rights, funding sources, and more. Consider these assets to be their “corporate property“.
Success.
It is in the best interests of all stakeholders and participants for a project to succeed, to become popular and profitable. To accomplish this, both parties must agree to “terms of engagement” often defined in employment contracts.
Ideally, no coercion is needed for all parties to move forward with the project voluntarily and fulfill their end of the bargain. However, labour laws, regulations and collective agreements are all forms of coercion, for “good” and for “bad”.
Collective Bargaining.
Unions play the role of broker between employers and the “talent” within their membership.
Union representatives negotiate contracts on the basis of wage categories for different levels and types of talent, and the perks that go along with each.
No individual member is discussed; it’s a collective agreement that employer and union negotiators are trying to reach.
ACTRA, like all special interest organizations, is the labour union in this scenario. ACTRA’s negotiators and contract enforcers only act on behalf of its dues-paying members.
Trade offs.
I asked GROK:
🤖 What are the advantages and disadvantages of a large employer hiring workers through an agreement with a labour union based on collective bargaining terms?
🕵️♂️ Grok says:
Hiring workers through a labor union under collective bargaining terms has distinct advantages and disadvantages for a large employer. Below is a concise breakdown:
Advantages
Streamlined Hiring Process: Unions often provide access to a pre-vetted pool of qualified workers, reducing recruitment time and costs.
Standardized Wages and Benefits: Collective bargaining agreements (CBAs) establish clear wage scales, benefits, and working conditions, minimizing disputes and ensuring consistency.
Improved Employee Relations: Union agreements can foster better communication and trust between management and workers, reducing workplace conflicts.
Higher Productivity and Retention: Unionized workers often have better job security and benefits, leading to higher morale, lower turnover, and potentially increased productivity.
Dispute Resolution Mechanisms: CBAs typically include grievance procedures, which provide structured ways to resolve workplace issues, avoiding costly litigation.
Disadvantages
Higher Labor Costs: Unionized employees often command higher wages and better benefits, increasing overall labor expenses.
Reduced Flexibility: CBAs can limit an employer’s ability to adjust wages, hours, or job roles quickly in response to market changes or business needs.
Potential for Strikes or Work Stoppages: Disagreements during negotiations or contract disputes can lead to strikes, disrupting operations and productivity.
Administrative Burden: Compliance with union contracts requires ongoing management, including negotiations, monitoring adherence, and handling grievances, which can be time-consuming.
Limited Management Autonomy: Unions may impose restrictions on hiring, firing, or disciplining employees, reducing managerial control over workforce decisions.
Additional Considerations
Industry Context: The impact of union agreements varies by industry. For example, in sectors like manufacturing or transportation, unionization is common and may align with industry norms, while in tech or retail, it might be less prevalent.
Legal Compliance: Employers must navigate labor laws (e.g., National Labor Relations Act in the U.S.) to avoid unfair labor practice claims, which adds complexity.
Long-Term Stability vs. Short-Term Costs: While initial costs may be higher, stable labor relations can lead to long-term savings by reducing turnover and legal disputes.
Does the CRTC represent you?
ACTRA represent its members in the bilateral talks with the CRTC.
The CRTC is your representative as a taxpayer and a consumer of all forms of entertainment provided under the CRTC’s scope of authority.
Do you trust the CRTC negotiators and enforcement bureaus to represent you as you wish to be represented?
Specifically, as a consumer, do you think that the CRTC should regulate that amount and type of AI used on any project?
After all, over-zealous regulations could negatively restrict the choices of the owners of a project?
Entertainment might be the largest industry on the planet and one of the most competitive.
If the CTRC gets its policies wrong, not only will some acting roles be lost to AI, but owners of entire projects will likely avoid Canada because of “unfriendly policies” for their media projects.😳
AI will inevitably win
I am sympathetic to actors’ fears from the threat that AI brings to their profession. Some will surely become ‘road kill’ from this revolution, but others will find a way to adapt and prosper from it.
They are not alone.
Virtually every profession faces comparable threats.
Government regulators will certainly be busy playing an ongoing game of whack-a-mole to decide upon AI protections for each profession in the days ahead .
Where will it stop❓
Who will be the winners and losers❓
Will government officials, who enjoy their job and income security, really understand and act wisely for the many unprotected citizens employed within segments of the Canadian economy who are facing the AI Challenge⁉️