In the United States, there is no single rule that lets every artist or writer refuse an employer’s instruction to use generative AI. The answer depends on the worker’s jurisdiction, contract, union coverage, and what the employer is asking them to do. One clear exception applies to writers performing services covered by the Writers Guild of America (WGA) Minimum Basic Agreement: WGA guidance says a company cannot require those writers to use AI software for covered writing services. That protection does not automatically extend to every writer, artist, freelancer, or employer.
First identify what the employer is asking you to do
“Use AI” can describe several different instructions. They raise different contract, bargaining, copyright, and personal-rights questions, so clarify the task before deciding whether a rule applies.
| Request | What to check |
|---|---|
| Operate an AI tool to draft, edit, design, or otherwise produce work | Whether a collective agreement, employment or services contract, or workplace policy governs the assigned work method. |
| Revise or incorporate material generated by AI | Any rules on human review, disclosure, credit, ownership, confidentiality, and the source of the material. |
| Provide existing work for model training | License and training provisions, notice or bargaining requirements, and any applicable consent terms. |
| Permit a synthetic version of your voice, likeness, or performance | Digital-replica, identity, consent, compensation, and reuse provisions in the applicable contract or law. |
An instruction to operate a tool is not, by itself, permission to train a model on your work or create a digital replica of you.
WGA-covered writers have a specific protection
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.” WGA West gives similar guidance for work covered by its agreement. The rule is tied to writing services covered by the applicable MBA; it is not a general U.S. employment rule for all creative workers.
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A writer may choose to use AI if the company agrees and the writer follows applicable company policies, according to WGA East. The WGA’s FAQ for the 2026 MBA says the agreement preserves the AI protections negotiated in 2023. It also provides for written notice to the Guild if a company licenses writers’ work to train a commercial generative AI system to create outputs. The Guild may request discussion of the license, including remuneration. That notice provision is not a general individual opt-out right.
Before relying on the WGA protection, confirm that the writer, employer, project, and services fall within the agreement and identify which MBA version applies. A non-signatory employer or work outside covered services may present a different question.
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Union representation can affect other workplace AI rules
For U.S. private-sector employees represented by a union, the National Labor Relations Board says employers generally must bargain in good faith with the union over mandatory subjects of bargaining. Employers may also be restricted from making certain unilateral changes to working conditions before bargaining or without required agreement. Whether a particular AI instruction is a bargainable change depends on the circumstances and the collective agreement; some operational decisions are not themselves mandatory bargaining subjects, although their effects on employees may be bargainable.
Artists and writers covered by other unions should check the applicable agreement rather than assume the WGA rule applies. Relevant provisions may address work methods, tools, staffing, pay, credits, disclosure, training on employee work, subcontracting, digital replicas, consent, or management rights. Ask a union representative whether the employer gave required notice, whether bargaining is implicated, and which contract language applies. Follow the agreement’s representation and grievance procedures rather than assuming an individual can refuse an instruction without consequences.
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Copyright does not answer whether an employer can assign AI work
The U.S. Copyright Office’s January 29, 2025 release of Part 2 of its AI report addresses when AI-assisted material can qualify for copyright protection. It says prompts alone do not establish human authorship. Human expression perceptible in an output, or a person’s creative arrangement or modification, may support copyright in the resulting work. Using AI as an aid or including AI-generated material in a larger human-authored work does not automatically prevent copyright protection.
That authorship analysis is separate from an employer’s authority to assign work, ownership of a commissioned result, or permission to use existing work as training data. Check the contract’s ownership, work-made-for-hire, license, confidentiality, and AI-disclosure terms; copyrightability alone does not settle those questions.
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Voice, likeness, and digital replicas raise separate issues
SAG-AFTRA says reuse of recorded performances is limited by collectively bargained contract provisions, including consent and compensation terms. In a 2025 statement, it said 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 the circumstances.
Do not treat consent to use an AI tool as consent to clone a voice, reproduce a likeness, reuse a recorded performance, or train a model on a worker’s prior work. Look for explicit terms covering the particular material or personal attribute at issue.
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International examples do not create a global refusal right
The European Commission’s FAQ on the EU AI Act describes obligations for providers of general-purpose AI models, including copyright-compliance policies and training-content transparency. Those provider obligations do not establish a general employee right to refuse an employer’s AI instruction; employment questions require analysis under the relevant national law.
A text identified as Colombia’s Decree 658 of 2026 addresses AI in artistic and cultural employment, including human dignity, creative autonomy, personal rights, copyright, limits on disproportionate unilateral changes to agreed functions, and prior authorization for certain uses of personal attributes such as image or voice. Its current legal status and official publication are not established here, so workers in Colombia should verify the decree’s status and obtain country-specific advice before relying on it.
New York State Senate bill S8451A contains proposed language for news-media workers concerning notice, consent, and bargaining around training on work product. The bill’s enactment is not established; its proposed provisions should not be treated as current law.
How to assess an AI instruction at work
- Identify the governing location. Determine which country and state’s law applies to the work; do not assume rules from another jurisdiction transfer.
- Check your work arrangement and representation. Review whether you are an employee, independent contractor, freelancer, or union-covered worker, and identify any collective agreement. A label alone may not settle legal status.
- Read the controlling documents. Review the employment or services contract, collective agreement, workplace AI policy, and relevant work-made-for-hire, license, confidentiality, and consent language.
- Describe the requested act precisely. Establish whether the instruction is to use a tool, revise AI-generated content, provide work for training, or permit a voice or likeness replica.
- Look for required process and safeguards. Check whether the documents require notice, bargaining, consent, disclosure, credit, compensation, or human review.
- Keep a written record and raise unresolved issues. Preserve the instruction and applicable policy. If you are union-covered, contact your representative; for a dispute or uncertain legal position, consult qualified counsel familiar with the relevant jurisdiction.
This is a general U.S.-focused overview, not an individual legal determination. State-specific laws and the terms of a particular agreement can change the analysis.
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