Hollywood 2023: AI–Industry’s New Problem, Huge Headache

“Stealing of My Material”: A Common Cry Emerges On AI

As Hollywood execs begin to test artificial intelligence, from using the tech to de-age actors to partnering with companies to create AI-composed music, key players in the industry are prepping for lawsuits.

 

The emergence of generative artificial intelligence has similar potential to turn the entertainment industry on its head.

Creators and talent see the possibility for the technology to devalue their work or even outright replace them down the line in the absence of intervention from regulators or the courts: royalty-free music generators can compose a film score or beat, AI can write scripts and actors can be deepfaked into movie scenes.

But Hollywood is embracing the technology, from using it to de-age actors to partnering with companies in the field to create AI-composed music. This is happening as the industry pushes for regulations.

Michael Nash, chief digital officer for Universal Music Group, says that AI programs training machine learning models by feeding them copyrighted works without permission from or payment to UMG’s artists “enables us to have important seat at the table around the evolution and use of these models, including new licensing opportunities.”

“The rapid introduction of generative AI systems is seen as an existential threat to the livelihood and continuance of our creative professions unless immediate steps are taken on legal interpretive and economic fronts to address these emerging issues,” said Ashley Irwin, president of the Society of Composers and Lyricists (SCL), at hearing May 17.
The SCL, with creators of scores and song for film, TV and theater as members, maintains that AI firms should have to secure consent by creators for the use of their works to train AI programs and compensate them at fair market rates for the subsequent creation of any new work that’s created on top of providing the proper credit, Irwin said. He stressed that any regulatory framework should not grant copyright protection to AI-generated works since doing so could flood the market with them, diluting the value of original pieces.
In April, “Heart on my Sleeve,” a track that used passable AI versions of the voices of Drake and the Weeknd, took the internet by storm.
UMG has been sending requests to take down AI-generated songs, but it’s fighting entire online community dedicated to making, sharing and teaching others how to create AI music.
Artists are looking for a regulatory framework to guide the creation of AI-generated content. They don’t want their work to build the foundation of the tools that threaten to replace them, at least not without consent or payment. The legality of using copyrighted works to train AI programs is up in the air. There are several lawsuits considering whether the method falls under the fair use defense, which allows for the use of protected works without permission as long as they are transformative, working their way through the courts.

A copyright infringement in a lawsuit would severely dampen the economic prospects of exploiting works generated solely by AI in Hollywood and put more control of the technology back into the hands of creators (the copyright office has stated that works generated solely by AI aren’t eligible for protection). While he’s confident in the courts backing the rights of artists in these cases, Nash says, “We’re obviously going to be very vocal in our desire to see that interpretation of copyright law in jurisdictions around the world” and will be “lobbying to address issues around proposed legal changes.”

Another weapon-of-choice in combatting AI content is right of publicity and privacy laws. In April, a former cast member of the Big Brother reality show sued deepfake app developer NeoCortext in a proposed class action over the company’s app that allows users to paste their faces over photos and videos of celebrities. While the current copyright regime doesn’t address the legality of using copyrighted works to train AI programs, some states like California and New York have laws that bar the commercial exploitation of someone’s likeness without permission. “The core copyright concerns are our bedrock, but in addition there are other legal protections,” Nash says, referring to right of publicity laws.
Artists want Congress to intervene despite the courts having settled similarly contentious copyright issues raised by the invention of the camera, photocopier and VCR in the past.
The SCL has proposed new section to the Copyright Act to clarify that the fair use defense to infringement only applies to human-created works, minimizing the traditional avenues to exploit AI-generated works.
Legal Uncertainty
On the movie side, Miramax is collaborating with AI firm Metaphysic, known for popularizing deepfake TikTok account spoofing Tom Cruise, to de-age actors in Robert Zemeckis’ Here. It’s part of a larger strategic partnership with CAA to develop generative AI tools and services for talent.
Artists and talent stress they aren’t unilaterally opposed to the technology. Most just want proper credit and compensation.
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