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Developments in artificial intelligence (“AI”) are progressing at breakneck speed, and this article provides a snapshot of developments impacting Hollywood.
AI video. We already know that AI can write entire scripts, create music, and create pictures from written commands. The next logical development is: Create realistic video content by entering text to describe what you want. There are many sites that do this, and you can easily find them by searching for “text to video.” It won’t be long before these sites turn entire scripts into full-length films filled with music, characters, and dialogue. This development will have a major impact on Hollywood employment. “Jobs will be lost,” Tyler Perry said simply when he canceled an $800 million expansion plan for his Atlanta studio. Leading people predict that the cost of producing a movie will decrease to 10% of its current cost in 5 years. This means that many people are looking for new jobs and there are many vacant studios.
Copyright. The number of lawsuits against AI companies alleging copyright infringement based on input (copying for upload to the AI) or output (output of results created by the AI) or both continues to grow. To date, output lawsuits that rely on the theory that “my work must exist somewhere” are failing due to a lack of significant resemblance to the original work, but courts have found that plaintiffs have As long as you continue to hold out hope in your lawsuit. You own a registered copyrighted work that was uploaded to AI. The outcome of this latter type of litigation will depend on the fair use defense, which will likely be resolved by the Supreme Court. To avoid lawsuits, some AI companies are paying upfront license fees for content libraries, and there are proposed changes to copyright law that would require compulsory paid licenses, similar to those for music recordings.
defamation. Given AI’s propensity to “hallucinate,” it’s no surprise that AI has reported troubling false facts about real humans, leading to defamation claims against AI companies. In January, a court denied a motion to dismiss such a lawsuit, so AI could be liable for such claims. It remains to be seen whether courts will apply Section 230 of the Communications Decency Act to AI-generated output as a defense against defamation claims.
right of publicity. So far, a patchwork of state laws and conflicting case law has hampered publicity rights claims against AI. But recent extreme uses, such as President Biden’s AI-generated calls encouraging people not to vote in the New Hampshire primary and Taylor Swift’s x-rated videos, have pre-empted this trend and put a hold on protecting individuals. It is giving new impetus to the federal bill in the middle. Things get out of hand.
If you can’t beat them… Many celebrities are choosing to use AI to their advantage by allowing AI to use their names, voices, and images in some way. For example, Meta (formerly Facebook) licenses audio and image rights from a number of celebrities for use by its AI, and fans can do things like make it appear that celebrities are endorsing competing products. You can manipulate audio and images to your heart’s content. Be an actual sponsor or do other naughty things (use your imagination).
Guild agreement. The treatment of AI under the new Guild Agreement is briefly summarized below.
D.G.A.. Studios are not allowed to replace DGA member positions with AI during his three-year term of the new contract.
W.G.A.. Any material written by AI will not be considered “Literary Material” for purposes of credit and compensation under the WGA Master Agreement.
sag. Studios are not permitted to use AI to replicate her SAG members without the member’s clear and conspicuous consent through a separate agreement that includes a description of the intended use and intended changes. Before a studio uses her AI to create an entirely new portrait, he must negotiate in good faith with SAG about the appropriate compensation payable for its use.
Really? And since this article focuses on the entertainment industry, here is the final update on purely entertainment value. Notably, several law firms have recently been sanctioned for filing briefs generated by AI and peppered with numerous supporting citations. An incident (well…a completely fictitious incident caused by the AI’s hallucinations). Thankfully, AI has its limits…
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