AI USAGE POLICY

MY APPROACH TO AI

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I use AI strategically to reduce costs (25-40%) while maintaining appropriate legal protection based on your project's scope and market.

The approach depends on YOUR audience:

• UK-only audience: Three tiers available (including new cost-effective options post-ruling)
• International audience: Two tiers (prioritising global protection)
• Regulated industries: Restricted to safest tools only

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FOR UK-ONLY CLIENTS
(Content used exclusively within the UK market)

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TIER 1: AI-ASSISTED TOOLS

Tools: Adobe Sensei, Topaz Labs, DaVinci Resolve AI, After Effects AI

What they do: Enhance YOUR content (rotoscoping, colour grading, upscaling, object removal)

Legal status: Zero risk—these tools process your content, don't generate from scraped data

Disclosure: Not required (enhancement tools, not generative AI)

Price: Standard rates

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TIER 2: SAFE GENERATIVE AI (RECOMMENDED) ✅

1. Tools: Adobe Firefly, Soundraw, Synthesia, Canva Magic Studio

2. Training data: Licensed content or in-house compositions only

3. Legal status: Full IP indemnification globally—Adobe/Shutterstock/Getty defend YOU if copyright claims arise. However, these are typically only offered to enterprise level clients and organisation, which I am not. 

4. Disclosure: Provided for EU compliance (if you expand internationally)

5. Best for: Businesses that might expand internationally, want maximum protection, or are in regulated industries

Price: 25% discount

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✅ MY RECOMMENDATION FOR MOST CLIENTS
Future-proofs your content. If your business expands to EU/US markets, you're already compliant.

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TIER 3: UK-LEGAL MODELS (NEW - POST-RULING) ⚠️

• Tools: Stable Diffusion, ComfyUI (with safe configurations), open-source models

• Legal status: Legal in UK following November 2025 High Court ruling

• Indemnification: NONE—you assume all risk if used outside UK or if ruling is appealed

• Best for: Confirmed UK-only audiences, budget-critical projects, local startups with no international plans

Price: 35-40% discount

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⚠️ IMPORTANT LIMITATIONS:

• UK-only use: Not suitable if content reaches EU/US audiences

• No indemnification: If Getty appeals and wins, legal status could change

• Not for regulated industries: Pharma, finance, political campaigns require Tier 2

• International expansion risk: If your business grows beyond UK, this content may create liability

• No EU AI Act compliance: If you later target EU audiences, content requires retrospective disclosure

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FOR INTERNATIONAL CLIENTS
(Content used in EU, US, or multiple markets)

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TIER 1: AI-ASSISTED TOOLS

Same as above - Standard rates, zero risk globally

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TIER 2: SAFE GENERATIVE AI

Same as above - 25% discount, full global indemnification

EU AI Act compliance: Full disclosure labels, audit trails, C2PA metadata provided

US compliance: State-specific requirements (CA, TN, NY) covered

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TIER 3: NOT OFFERED FOR INTERNATIONAL WORK ❌

Why?

• UK ruling doesn't apply in EU/US jurisdictions
• EU fines for non-compliance: up to €35 million or 7% global revenue
• US lawsuit against Stability AI still active
• No indemnification = you assume all international liability
• Most UK businesses eventually expand internationally—better to future-proof from the start

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TOOLS I USE (AND DON'T USE COMMERCIALLY)

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✅ WHITELISTED (SAFE EVERYWHERE)

AI-Powered Tools (Process YOUR Content):

• Adobe Sensei (Photoshop, Premiere, After Effects AI features)
• Topaz Labs (upscaling, denoising, sharpening)
• DaVinci Resolve AI (colour matching, object removal)
• Descript (transcription, audio editing)
• Fossa Tether (mocap data management)
• Move.ai (markerless mocap from YOUR footage)
• Mago.studio (3D rendering from YOUR images/renders)
• Wonder Studio (VFX integration with YOUR footage + YOUR models)
• Meshy 3D (image-to-3D using YOUR photos or Firefly images—document source)

Safe Generative AI (Full Indemnification):

• Adobe Firefly (full IP indemnification)
• Soundraw (trained on in-house music only)
• Synthesia (AI avatars with "IP Copyright Pledge")
• Canva Magic Studio (licensed training data)
• Shutterstock AI, Getty Images AI (full indemnification)

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⚠️ GREYLISTED (CONDITIONAL USE - UK-ONLY PROJECTS)

• Stable Diffusion (legal in UK post-ruling, no indemnification)
• ComfyUI with safe configurations (enhancement nodes, YOUR training data only)
• ElevenLabs Voice Library stock voices (consent-based, commercial license)
• Moonvalley (text-to-video—claims "ethical AI" but NO indemnification, UK-only recommended)
• Nana Banana/Viggle (motion generation—safe ONLY IF starting with YOUR images or Firefly images)

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❌ BLACKLISTED (NOT USED FOR COMMERCIAL CLIENT WORK)

• Midjourney - Can counter-sue YOU if they face copyright claims (per ToS Section 4.2). Ideation or personal projects only
• DALL-E - No indemnification (free tier; enterprise may have protection)
• Runway Gen-3 - Video generation trained on YouTube without permission (enhancement tools OK)
• Suno, Udio - Facing RIAA lawsuits
• ElevenLabs Music - Unclear training data, no indemnification
• ElevenLabs Custom Voice Cloning - YOU indemnify THEM (use only with explicit signed consent + payment agreement)

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EU AI ACT COMPLIANCE

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For EU clients or EU audiences, I provide:

• Disclosure labels: "AI-generated" or "AI-enhanced" as required
• Audit trails: Complete documentation of prompts, tools used, human edits
• C2PA metadata: Where supported by platform
• Compliance documentation: For your legal/compliance teams

Penalties for non-compliance: Up to €35 million or 7% of global revenue (whichever is higher)

Exception: Basic edits (crop, colour correction, exposure) don't require disclosure

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INDUSTRY-SPECIFIC CONSIDERATIONS

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Pharma/Medical

• High

• Tiers 1 & 2 only (indemnified tools) + full disclosure + complience with cleint's policy

 

Finance

• Medium

• Tiers 1 & 2 only (indemnified tools) + full disclosure + complience with cleint's policy

 

Political Campaigns

• High

• Tiers 1 & 2 only (indemnified tools) + full disclosure + complience with cleint's policy

 

News/Journalism

• High

• Tiers 1 & 2 only (indemnified tools) + full disclosure + complience with cleint's policy

 

Children's Content

• Medium

• Extra scrutiny, parental concerns, etc

 

International brands/corporations

• High

• Tiers 1 & 2 only (indemnified tools) + full disclosure + complience with cleint's policy

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THE UK RULING: WHAT IT MEANS (AND DOESN'T MEAN)

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What the November 2025 ruling established:

• AI model weights ≠ infringing copies (UK copyright law)
• Training AI outside UK = no UK copyright infringement
• UK now most AI-friendly major jurisdiction

What it DOESN'T protect you from:

• International use: EU AI Act, US copyright law still apply
• Indemnification: Ruling doesn't change platform ToS—you still assume risk
• Future changes: Getty may appeal; ruling could be overturned
• Client liability: If your client faces lawsuit abroad, UK ruling won't help them

⚠️ THE TORRENTING PARALLEL:

Remember when Sweden legalized file-sharing (Pirate Bay)? Swedes thought they were safe. Then US companies sued in US courts, EU countries prosecuted under their laws, and ISPs blocked access internationally.

One country's law ≠ global immunity. Same applies to AI.

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WHY I STILL RECOMMEND TIER 2 (EVEN FOR UK-ONLY WORK)

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1. Most businesses expand internationally - Even if you say you won't, opportunities arise

2. Getty may appeal - UK ruling could be overturned within 12-24 months

3. Indemnification matters more than legality - Adobe defends you globally; Stability AI defends no one

4. Minimal cost difference - £350 extra (Tier 2 vs Tier 3) protects against €35M EU fine

5. Future-proof - Content remains compliant if you pivot to international markets

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FREQUENTLY ASKED QUESTIONS

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Q: Will my project use AI?

A: It depends on your preference. I offer both AI-assisted and 100% human workflows. AI-assisted reduces costs 25-40% while maintaining appropriate legal protection.

Q: Is this legally safe?

A: Yes, with the right tools. Tier 2 tools offer full IP indemnification—they defend you if copyright claims arise. Tier 3 is legal in UK but has no indemnification.

Q: What if I don't want ANY AI?

A: No problem. I offer 100% human-created workflows at standard rates. Many clients choose this for maximum control or brand preference.

Q: How do you handle EU compliance?

A: Full transparency. I provide disclosure labels, complete audit trails, C2PA metadata, and documentation for your legal teams.

Q: Can I see examples?

A: Yes. Portfolio available at ssh-creative.com/freelance. Happy to show examples of both AI-assisted and 100% human work.

Q: What if I'm not sure if we'll expand internationally?

A: Go with Tier 2. Most businesses eventually expand, even if unplanned. The cost difference is minimal (£350) vs. potential liability (€35M EU fines).

Q: I'm in pharma/finance—what do you recommend?

A: Tier 2 exclusively. Regulated industries require full indemnification, disclosure, and compliance documentation. I don't offer Tier 3 for regulated sectors.

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CUSTOM AI TRAINING

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I can train custom AI models on YOUR brand assets for unique, ownable results.

What I can train on:

✅ Your own photos, videos, 3D renders
✅ Your brand assets (with written permission documented)
✅ Content you commissioned (if contracts permit AI training)
✅ Public domain content (pre-1928 in US, varies by region)

What I CANNOT train on:

❌ Stock footage/images you purchased (most licenses prohibit AI training)
❌ Client assets without explicit written consent
❌ Any copyrighted material you don't own

Documentation provided: Training data inventory, consent forms, usage rights documentation, model cards

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WHICH TIER IS RIGHT FOR YOU?

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DECISION TREE:

Ask yourself:

1. Will this content ONLY be used in the UK? (No EU, no US, no international expansion?)
2. Am I in a regulated industry? (Pharma, finance, political, journalism)
3. Might my business expand internationally in next 2-3 years?

If:

• Q1 = Definitely yes, Q2 = No, Q3 = Definitely no: Tier 3 available (maximum savings)
• Q1 = Maybe/Not sure, Q2 = No, Q3 = Maybe: Tier 2 recommended (future-proof)
• Q1 = Any answer, Q2 = Yes, Q3 = Any answer: Tier 2 only (regulated industry)
• Want zero AI controversy: Tier 1 or 100% human

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