Pen in hand, Charlie Forde was prepared to sign the contract before her shoot last week in Los Angeles.

But then the director told her to wait.

He'd just remembered that the European-based studio he works for had emailed him the new version of the company's contract the night before. He printed it out and handed it to Forde.

"I told him I wouldn't sign it," she said.

While meticulously examining the contract, Forde noticed a clause that stated the studio would own the rights to her likeness for Artificial Intelligence (AI) for eternity. Forde was shocked. The director—who is also a male performer—was, too.

"He hadn't read the new paperwork," said Forde, who declined to name the studio. "Ultimately, I told the company that I would sign their old paperwork and not their new paperwork. They allowed me to do that."

Adult performers are no strangers to signing model releases that grant companies the right to use their likeness or voice in various forms of media. But recently, performers such as Forde have discovered a potentially problematic twist in the fine print of these contracts—clauses that allow companies to also use their images and voices in the rapidly advancing field of artificial intelligence (AI).

With its unprecedented ability to generate realistic human-like voices and images, AI poses a novel and multifaceted challenge not just for the adult industry but for the broader entertainment industry, as well.

While AI-driven applications can be a source of amusement and convenience, they can also be used in ways that could infringe upon performers' rights, exploit their likenesses, and disrupt the boundaries of consent.

In Hollywood and New York, SAG-AFTRA union members are striking due to similar concerns for film and television actors.

In fact, Forde said it was a mainstream entertainer (and close friend) who warned her about the clause that studios are trying to sneak into contracts, buried in the fine print.

"Prior to that, I hadn't been reading my contracts super closely because they all kind of said the same thing," Forde told PornCrush. "But once the strike, I started reading my contracts more vigorously."

Shortly after her shoot wrapped that afternoon, Forde went home and tweeted about her experience to raise awareness among adult talent. Sure enough, later that week, she was contacted by performer Katrina Colt, who'd been presented with a similar contract before a shoot with SinfulXXX.

"Katrina's situation was quite different," Forde said. "They tried to make her feel bad by saying the paperwork had been written 15 years prior, which is bullshit because AI didn't exist then."

SinfulXXX did not immediately respond to PornCrush's request for comment.

These revelations raise serious concerns about the implications of AI technology, which remains largely uncharted territory in terms of ethics, compensation, and long-term consequences.

There is undoubtedly a need for a more comprehensive understanding of how AI can and will be used. The technology's potential applications range from simple voice assistants and chatbots to more complex projects like deepfake videos and digital performances by deceased artists. Whether these uses should be considered an extension of traditional media or an entirely new category is undetermined.

Performers, who typically sign model releases for specific purposes, often receive additional compensation for each new medium in which their likeness or voice appears. However, when it comes to AI, the landscape is murkier. As model releases are evolving to account for the unique capabilities and consequences of AI-generated content, they may leave performers potentially shortchanged in terms of compensation and control over their likeness.

"I don't consider AI to be our enemy," Forde said. "If I can take my likeness and put it through AI to let it create Hentai or really crazily-themed films that I just can't do with my own body, that would be incredible. It creates a really interesting space for porn.

"However, if companies want to own the likeness for AI, it has to have a time period. And there has to be a clause in there where you're being paid every time your likeness is being used."

Still, as AI becomes more prevalent, the risk of exploitation and misuse increases. Deepfake technology, for instance, has been used to create realistic-looking videos that manipulate an individual's image and voice, raising ethical concerns about consent and potential damage to reputations as well as lessening the control an artist has over their brand.

"For the right company, I would consider selling my likeness to AI if it was under a certain amount of time or if I was paid a certain amount of money," Forde said. "Or every time I was used for something new, I was paid. But I would never sign away my likeness for life. And I know there are many people who have done that already.

"A lot of performers are signing over their likeness to companies that are creating AI to talk to fans. And they're being exorbitant amounts of money. But I've heard that some of them have perpetuity clauses, and I don't know if they understand the ramifications of that."

Indeed, performers who spoke with PornCrush unanimously agreed that companies should be transparent about using AI in media production and establish transparent, fair, and comprehensive compensation models for performers.

Additionally, industry organizations and legal bodies may need to collaborate to develop guidelines and regulations that protect performers from unintended consequences in the AI era. Adult actors do not have an equivalent to a SAG-AFTRA to negotiate these compensation models, which puts the onus on each performer to haggle over the details.

One organization that advocates for the rights of adult performers is the Free Speech Coalition. Mike Stabile, the FSC's Director of Public Affairs, told PornCrush that now more than ever, it's essential for performers to read each contract closely and stand up for themselves when things don't seem right.

"No matter the medium, informed consent is central to a fair contract," Stabile said. "Performers have a right to know not only what's expected of them on set but what rights they're preserving beyond the shoot. When it comes to new technologies like AI, clarity and consent at the contractual level are even more important."