Is a ChatGPT-Generated Contract Enough for Artists; or just a Starting Point?

Whenever I say the word “contracts”, I’m usually met with a few choice reactions from the artists and creative practitioners I’m addressing – a deep sigh conveying exhaustion, a raised eyebrow communicating skepticism, and/or a sort of “bracing for impact” kinda look foreshadowing a blend of boredom and overwhelm. 

To be honest, I fully empathize with these responses – contracts are intimidating and tedious. Atleast, the way most of us in the creative and cultural industries have come to understand them. But more recently, there’s been a shift in perspective surrounding creative contracts, with an increasing number of us in the creative economy, leaning into the use of ChatGPT (or similar AI tools) generated contracts.

The elephant in the room

In the past year alone, many of my artist friends and clients were either receiving or creating ChatGPT generated contract drafts to use in their work and projects – you could say it’s fast becoming the norm. Many shared that the contract drafting process felt far more approachable, with little to no budget or time involved. 

From my experience as a lawyer, I have a healthy amount of skepticism towards these AI chatbot generated contracts; I can tell you that while these contracts are structured in a cohesive way, and include standard clauses, they lack nuance. What goes into these contracts is limited by the user’s inputs, meaning that these contracts are not providing holistic protection. 

But nuance is expensive – it costs time, money and other resources.

All of which are not always available to spare by independent artists and creative practitioners. 

Leading to the conclusion that whether we like it or not, free ChatGPT and AI generated contracts are likely here to stay. 

A little discernment can go a long way

Nuance, as I just mentioned, is expensive. But nuance is critical. 

And while some might argue otherwise, it’s pretty much universally acknowledged that AI doesn’t do nuance or discernment. 

This is the biggest flaw with ChatGPT generated free contracts – they depend on the querent’s experience and expertise; not necessarily practical legal expertise. 

So what’s the verdict? Is using ChatGPT for your contracts a terrible idea? 

This might sound a bit controversial, but I’d say that it isn’t a bad idea, so long as you make sure you’re giving your contracts a healthy dose of discernment, courtesy a specialized lawyer or peer-mentor. 

It’s not enough, but it’s a start. 

The use of AI chatbots like ChatGPT come with several challenges, including but not limited to data accuracy, ethical considerations, and environmental costs. But let’s face it – we live in a world where using something like ChatGPT isn’t just handy, but sometimes essential especially for those with limited resources – whether that’s money, time and/or energy. If you’re an artist who is using ChatGPT to help draft your creative contracts, here’s my advice – make sure that once generated, you go over your contract draft with a trusted legal expert and/or peer mentor. I can guarantee that you will definitely benefit from the nuance that experience and expertise brings. 

But for what it’s worth, I will say this much – it’s good to see more artists using contracts thanks to ChatGPT. I just hope you know what’s in your contracts, and as always what you’re offering and what you’re signing up for.

Disclaimer: This post is for informational purposes only. It does not constitute actual legal advice or create a lawyer-client relationship between you and Artistik License or Manojna Yeluri.