In the United States, there is no blanket rule that lets every artist or writer refuse—or lets every employer require—generative AI at work. The answer depends on the worker’s jurisdiction, contract and union coverage, and what the employer is asking them to do. One clear exception is writing services covered by the Writers Guild of America’s Minimum Basic Agreement (MBA): WGA guidance says a company cannot require a covered writer to use AI software for that work.
First, identify what the employer is asking you to do
“Use AI” can describe several different requests, and they do not raise the same legal or contractual questions. A game studio might direct a writer to draft with a chatbot, ask an artist to edit AI-generated concept art, propose using employees’ past work as training data, or create a synthetic version of a performer’s voice or likeness. Permission for one does not automatically establish permission for the others.
| Request | What to check |
|---|---|
| Use an AI tool to create or revise work | Work instructions, applicable agreement, AI policy, and any requirements for disclosure or human review. |
| Revise or incorporate AI-generated material | Contract terms about authorship, ownership, credit, delivery, and the use of generated material. |
| Use your existing work to train a model | License and training-data clauses, notice or bargaining requirements, and any applicable union terms. |
| Create or reuse a digital replica of your voice or likeness | Consent, compensation, notice, and bargaining terms in the relevant contract or collective agreement. |
An instruction to operate a tool is not, by itself, consent to train a model on your work or to reproduce your identity.
What the U.S. rules establish—and what they do not
WGA-covered writing services
Writers Guild of America East guidance states: “But the company can’t require the writer to use AI software (e.g., ChatGPT) when performing writing services.” The guidance says a writer may choose to use AI if the company agrees and the writer follows applicable company policies. The WGA’s FAQ for the 2026 MBA says that agreement preserves the AI protections negotiated in 2023.
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That protection is tied to covered writing services and the applicable MBA. It is not a general rule for every U.S. writer, game narrative designer, freelance creator, visual artist, or employee of a non-signatory employer. Confirm that you and the project are covered, which agreement applies, and whether the issue is tool use, training on your work, or a digital replica.
The 2026 MBA FAQ also describes written notice to the Guild when a company licenses writers’ work to train a commercial generative AI system to create outputs. The Guild may request discussion about the license, including remuneration. This is a Guild-related notice and discussion provision, not a general individual opt-out right.
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Other union-represented workers
For union-represented U.S. private-sector employees, the National Labor Relations Board says employers generally must bargain in good faith with the union over mandatory subjects and may not make certain unilateral changes in working conditions. Whether a particular AI requirement is a bargainable change depends on the facts and the agreement; some operational decisions are not themselves mandatory subjects, although effects on represented employees may be bargainable.
Artists and writers covered by another agreement should look for provisions on tools and work methods, staffing, compensation, credits, disclosure, subcontracting, training on employee work, digital replicas, consent, and management rights. Ask the union representative whether notice or bargaining is required and which agreement provision applies; do not assume that union membership alone means an individual can refuse an instruction without following representation and grievance procedures.
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Workers without an applicable union protection
The sources here do not establish a blanket right for nonunion employees, contractors, or freelancers to reject an employer’s AI instruction. Nor do they establish that every employer may require it. The employment or services contract, workplace policy, governing law, and exact task matter. A label such as “freelancer” or “contractor” is not enough on its own to resolve legal status.
Copyright ownership is a separate question
An employer’s authority to assign work, ownership of a commissioned deliverable, and whether an AI-assisted output qualifies for copyright protection are distinct issues. The U.S. Copyright Office’s January 29, 2025 release of Part 2 of its AI report says prompts alone do not supply copyrightable human authorship. Human expression perceptible in the output, or a person’s creative arrangement or modification, may support copyright protection. AI assistance or including generated material in a larger human-authored work does not automatically prevent protection.
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That authorship analysis does not decide whether an employer can require a tool or who owns the resulting work. Check the agreement’s ownership, license, work-made-for-hire, confidentiality, and AI-disclosure terms separately.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Voice, likeness, and performance rights need separate consent analysis
SAG-AFTRA says reuse of recorded performances is limited by collectively bargained contract provisions, including consent and compensation terms. Its 2025 statement says signatory producers must comply with contractual obligations requiring notice and bargaining when a synthetic performer will be used. The protections depend on the agreement and context.
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For game artists, writers, and performers, a direction to use an AI tool does not itself grant rights to a worker’s image, voice, prior work, or style. If a project involves a replica or training on existing work, identify the specific rights and permissions being requested rather than treating it as ordinary software use.
How to assess your situation
- Identify the governing jurisdiction. Start with the country and, where relevant, state whose law governs the work.
- Confirm your work status and coverage. Determine whether you are an employee, independent contractor, freelancer, or covered by a union agreement; check whether the project and services fall within that agreement.
- Read the controlling documents. Review the collective agreement, employment or services contract, AI policy, and relevant ownership, license, confidentiality, and consent language.
- Pin down the requested act. Ask whether the instruction is to operate a tool, revise generated content, supply work for training, or permit use of a voice or likeness replica.
- Check process and rights. Look for requirements involving notice, bargaining, consent, disclosure, credit, compensation, or human review.
- Keep a written record and raise the issue through the right channel. Preserve the instruction and policy; contact your union representative if represented, or qualified local counsel if you need advice about a dispute.
Why country-specific claims need caution
The European Commission’s AI Act FAQ describes obligations for providers of general-purpose AI models, including copyright-compliance policies and transparency about training content. Those provider obligations do not establish a general employee right to refuse an employer’s AI instruction and are not a substitute for national employment-law analysis.
A Colombian Decree 658 of 2026 text surfaced in a legal-text repository describes AI use in artistic and cultural employment, including respect for creative autonomy and personal rights, limits on certain unilateral changes to agreed functions, and prior authorization for some uses of image or voice. Its official publication and current legal status are not established here, so workers should verify the text with an authoritative local source before relying on it.
A New York State Senate search result showed proposed bill S8451A language concerning news-media workers, notice, consent, and bargaining around training on work product. Its enactment was not established; do not treat the proposal as current law without checking its status with the legislature.
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