ARTIFICIAL INTELLIGENCE USAGE POLICY
Effective Date: 3rd February 2025
At Granger Hertzog we value our clients and aim to provide high-quality, tangible items for hire, ensuring that every production or event is furnished with real-world, unique pieces. To protect our business and items from unauthorised artificial intelligence (AI) systems, we have introduced this AI Usage Policy (“AI Policy”), which forms part of our Conditions of Hire: https://www.grangerhertzog.com/terms-and-conditions.
1. INTRODUCTION & RATIONALE
The rapid development and increased use of AI, particularly generative AI platforms, present significant risks to businesses like Granger Hertzog that provide physical items and props to the creative and audiovisual industries. Certain AI platforms have the capability to create digital replicas of items that can be reused, modified, and redistributed, without direct involvement or compensation to the original provider. This poses a significant threat to the integrity of our props, assets, and other items, to include risking the artistic integrity and craftsmanship of their original creators.
To safeguard our business model and the value of our items, this Policy establishes certain limits on how our clients (a “Hiree”) can use AI in connection with media, images, footage, and video capturing or otherwise featuring Granger Hertzog’s hired items (“Content”).
2. AI TOOLS
AI Tools. In this AI Policy, the term “AI Tools” means any of the following types of AI software, applications, and platforms:
- Generative AI content creation tools (e.g., DALL-E, Midjourney, Runway)
- Any platform that uses content for AI training, analysis, or dataset creation
Adobe Exceptions. Notwithstanding the above, Granger Hertzog acknowledges that certain generative AI tools and other AI-powered solutions may not present a significant risk. We have therefore made an exception for video and image editing software provided by Adobe, including its Firefly and Sensei tools. Hiree may therefore use AI-powered Adobe tools, provided always that the Hiree “opts out” of, or otherwise does not allow, Adobe Inc. and / or other users from using the Content for training. This includes an obligation to not upload (or otherwise permit the uploading of) any Content to Adobe Stock.
Special Arrangements. In certain circumstances Granger Hertzog may, in its sole discretion, approve the Hiree’s use of AI Tools on a case-by-case basis (“Special Arrangement”). Any Special Arrangement must be discussed with Granger Hertzog in advance and agreed in writing. This requirement applies even after the items have been returned.
Updates to this AI Policy. This AI Policy will be reviewed and updated periodically to reflect changes in technology, legal standards, market trends, and feedback from clients. In particular, Granger Hertzog will review specific platforms on a case-by-case basis and update the list of prohibited and authorised AI software.
3. RESTRICTION
Unless explicitly permitted as part of the Adobe Exceptions or Special Arrangements as described in Paragraph 2, the Hiree is prohibited from using any AI Tool to modify, edit, or otherwise process Content that features Granger Hertzog’s hired items.
This prohibition includes, for the avoidance of doubt, uploading, sharing, or distributing any Content to generative AI platforms for purposes such as “style referencing,” algorithmic training, or dataset creation.
Any breach of this AI Policy will be treated as a material breach of the Hire Agreement.
4. TRANSPARENCY & ENFORCEMENT
Transparency. Transparency is essential to uphold the integrity and enforcement of this AI Policy, allowing us to protect our assets and business relationships. It also aligns with ethical industry practices and supports compliance with new legislation, such as the EU AI Act.
To support this commitment to transparency:
- The Hiree must provide any information reasonably requested by Granger Hertzog regarding AI usage, which may include confirming that certain AI Tools have not been used in relation to Content.
- If the Hiree intends to use AI Tools after entering into a purchase order or rental agreement (the “Hire Contract”) they are required to notify Granger Hertzog in writing at the earliest opportunity to discuss whether a special arrangement is appropriate.
Enforcement. Granger Hertzog reserves the right to monitor compliance with this AI Policy. If any unauthorised use of AI Tools is discovered, Granger Hertzog may take appropriate legal action, which may include seeking damages or terminating the Hire Contract for breach. Additionally, non-compliance may impact future hire agreements with the Hiree.
5. LIABILITY DISCLAIMER
This AI Policy establishes Granger Hertzog’s requirements regarding the Hiree’s use of AI Tools with the Content. However, it is fundamentally the Hiree’s responsibility to ensure that any such usage of AI complies with all applicable laws, third-party rights, and any terms of use with software applications and platforms. This includes without limitation intellectual property laws such as those regarding copyright and trade marks, as well as laws and regulations regarding data protection, privacy, and the rights of publicity. GRANGER HERTZOG IS NOT AND SHALL NOT BE LIABLE FOR HOW CONTENT FEATURING OUR ASSETS IS USED OR MANAGED BY THE HIREE OR ITS REPRESENTATIVES IN RELATION TO ANY AI TOOLS.
6. QUESTIONS AND FEEDBACK
Granger Hertzog strives to stay ahead in this rapidly evolving field and values client feedback. We are committed to working with our clients to meet their unique needs and can offer bespoke agreements tailored to specific projects. For questions, feedback, or further information about this AI Policy, please contact us directly.