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AI in Hollywood Needs Guardrails: The Sooner the Better

A robot in the director chair on a film set. The concept of artificial intelligence in the field of cinema. AI generated image. (Photo: © Nataliya Krechko | Dreamstime.com)

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By James Hirsen

April 3, 2024
3:53 pm
Los Angeles, CA

In a town known for its artificiality, Artificial Intelligence (AI) appears to be a perfect Hollywood fit. Last year AI language models and image creations truly dazzled the public. But they scared the unions half out of their wits. As a matter of fact the Hollywood unions negotiated hard with the studios to get limitations put in place regarding the use of AI. In its new three-year agreement, the Directors Guild of America (DGA) contract has a provision that forbids studios from replacing a DGA member with AI. The Screen Actors Guild (SAG-AFTRA) contract does not permit studios to use AI to replicate the likeness of a union member without obtaining (via a separate agreement) the member’s clear consent. And the Writers Guild of America (WGA) Basic Agreement states,

In a town known for its artificiality, Artificial Intelligence (AI) appears to be a perfect Hollywood fit.

Last year AI language models and image creations truly dazzled the public. But they scared the unions half out of their wits.

As a matter of fact the Hollywood unions negotiated hard with the studios to get limitations put in place regarding the use of AI.

In its new three-year agreement, the Directors Guild of America (DGA) contract has a provision that forbids studios from replacing a DGA member with AI.

The Screen Actors Guild (SAG-AFTRA) contract does not permit studios to use AI to replicate the likeness of a union member without obtaining (via a separate agreement) the member’s clear consent.

And the Writers Guild of America (WGA) Basic Agreement states, for purposes of credit and compensation, that any material written by AI will not be considered “literary material.”

However, it appears as though mere contractual provisions will not be enough to prevent AI technology from becoming a major future Hollywood player.

The latest anxiety inducer is the advent of text-to-video, a production-disrupting technology that allows film footage to be created without the involvement of writers, directors, actors, cinematographers and the like.

AI models have already demonstrated a virtual capability to pen screenplays, create images and produce music, solely from written commands.

Videos illustrating the extraordinary capabilities of AI have already been posted on the Internet, including a trailer that features Jared Leto promoting his band Thirty Seconds to Mars and a parody of the film “Ocean’s Eleven.”

While numerous AI technology projects have popped up in the entertainment realm, OpenAI’s Sora has gotten the biggest reaction. After having exclusively been fed only written instructions, the new model has been able to create stunningly realistic high quality short videos.

It seems inevitable that the technology will soon be converting entire movie scripts into complete feature-length films via an individual’s simple typing on a computer keyboard.

Sora’s demos sparked justified fears that the technology threatens future employment within the Hollywood creative community.

Filmmaker Tyler Perry specifically cited Sora as the reason for the cancellation of his proposed $800 million studio expansion project in Atlanta, Georgia.

“Being told that it [Sora] can do all of these things is one thing, but actually seeing the capabilities, it was mind-blowing,” Perry said in an interview with The Hollywood Reporter.

“There’s got to be some sort of regulations in order to protect us. If not, I just don’t see how we survive,” he added.

In its apparent effort to secure fame and fortune, OpenAI has reportedly been wooing Hollywood executives to use Sora as their preferred filmmaking tool.

According to Bloomberg, the AI company is now setting up a series of meetings with major studios, media executives and talent agencies in order to pitch its automated video content creation machine.

In an apparent effort to pave the way for future business transactions, OpenAI CEO Sam Altman was spotted hanging out with key Hollywood players and was even in attendance at some Oscars A-list parties.

A spokesperson for OpenAI told Bloomberg the following:

“OpenAI has a deliberate strategy of working in collaboration with industry through a process of iterative deployment – rolling out AI advances in phases in order to ensure safe implementation and to give people an idea of what’s on the horizon.”

Another way of phrasing “iterative deployment” might be a slow and steady takeover of Hollywood.

AI’s growing entertainment industry involvement will most certainly usher in plenty of lawyers and lawsuits. There has already been a sizable number of legal actions filed against AI companies, most of which assert copyright infringement.

When the output of AI has an obvious resemblance to an original work, the attendant lawsuits frequently have outcomes that are similar to those of traditional copyright claims.

Other cases involve a focus upon and an analysis of the time frame in which the protected works were uploaded into the AI technology as training data.

The Congress and the courts will have to wrestle with the notion of copyright protection as well as additional intellectual property rights issues that arise from the unauthorized uses of AI.

As Perry has suggested, guardrails must be put in place.

But the question is, Will this occur before the Hollywood Walk of Fame turns into a virtual one?