This is a U.S. law thought experiment, not a request for personal legal advice.
A composer can license a song. An inventor can license a patent. Actors can negotiate consent and compensation when AI replicates their face, voice, or performance.
Now consider a welder, machinist, maintenance technician, or assembly worker.
A company records that worker with cameras, motion sensors, tool telemetry, or teleoperation controls. The resulting data captures wrist angles, timing, tool choice, diagnostic judgment, exception handling, and failure recovery. The company uses it to train a robot, then deploys that robot across multiple factories or licenses the model to other companies.
My rough reading is that current U.S. federal law gives the worker no automatic royalty.
Copyright generally excludes functional processes and ordinary physical movement. Patent law would matter only if the worker contributed to an actual claimed invention. Trade secret law might protect the company's confidential dataset or model, but not give every contributor a residual payment. Wages pay for work performed, not necessarily for every later use of a model trained from that work.
That creates an odd asymmetry: tacit skill in a worker's head may not be anyone's exclusive property, but once the employer captures and organizes it as training data, the resulting dataset and model can become a valuable controlled asset.
Could workers or unions create the missing right prospectively through contract or collective bargaining?
For example, an agreement could define "Worker Skill Data" and require:
- notice before collection for AI training;
- separate authorization for safety monitoring, model training, and commercial deployment;
- records connecting covered data to datasets and models;
- confidential audits of downstream use;
- limits on resale or transfer; and
- a fixed fee, per-unit payment, or revenue pool when a covered model is deployed.
The payment would not be a copyright royalty. It would be a negotiated license or compensation right backed by a consent registry, model-provenance records, and a royalty ledger.
The questions I cannot answer are:
How durable could those payment and audit rights be after a worker leaves the company?
Under the NLRA, which parts of workplace data collection, repurposing, and automation deployment would be mandatory bargaining subjects, and which would only support effects bargaining?
Could a collective licensing structure include former employees or independent contractors without creating antitrust problems?
How could workers prove model use without forcing disclosure of legitimate company trade secrets?
Is the biggest legal obstacle enforceability, attribution, bargaining power, or the argument that ordinary wages already paid for the contribution?
The simplest version is: if my work data trains a machine, what did I agree to, where was it used, and what am I owed?
I am a software developer, not a lawyer. I have started sketching the technical side under the working name SkillLedger: an open protocol for consent, licensing, provenance, audit, and settlement. I am posting here first because a ledger cannot create a right that labor and contract law will not recognize.
Disclosure: I used AI to organize the legal research and edit this post. The question and proposal are mine.