How AI is Reshaping Entertainment Law

AI’s Role in Motion Picture Entertainment: From Fiction to Reality

Once confined to science fiction blockbusters, artificial intelligence (AI) has now stepped into a very real role behind the scenes, reshaping entertainment law in ways few could have imagined.

From Strikes to Agreements: AI and the WGA

In 2023, AI became a central focus of industry negotiations, sparking major debates during the Writers Guild of America (WGA) and SAG-AFTRA strikes.

SAG-AFTRA Strike: AI Fears Mount for Background Actors

The SAG-AFTRA strike has heightened concerns for background actors, the lowest ranking members of the union.

VarietyGene Maddaus

After a staggering 148 days of protest, the WGA secured a deal that gives writers more control over how AI is used in their work. Writers can now decide whether to use AI tools, provided the studio consents.

Additionally, any studio-provided AI-generated material will not affect a writer’s compensation, credit, or rights. This clause alone speaks volumes about the increasing prominence of AI in the creative process.

The fine details of these negotiations reflect a growing reality: AI isn’t just a tool; it’s a new player in the entertainment game. Writers and creatives are grappling with how to coexist with AI technologies while maintaining the value of human ingenuity.

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Manufacturers from Avid to startup Strada revealed their strategies during the annual confab, as Avid CEO Jeff Rosica called the tech a “co-pilot.”

The Hollywood ReporterCarolyn Giardina

Cutting Costs, Not Creativity

AI’s foray into entertainment is not just about reshaping scripts—it’s transforming the nuts and bolts of production and post-production.

Companies like Avid and Adobe have introduced AI-powered tools into their software, streamlining tasks that once required significant time and resources.

These innovations promise to lower production costs while increasing accessibility for filmmakers and other creatives.

One of the most fascinating applications of AI in this space is its ability to de-age actors or even bring deceased performers back to life.

This technology has allowed filmmakers to maintain continuity in storytelling, creating a seamless bridge between past and present.

Imagine seeing a beloved character return to the screen exactly as they appeared decades ago. While some may find this unsettling, advocates argue that AI enhances the creative process rather than replacing the artists themselves.

Generative AI: A New Era of Creativity

The rise of generative AI programs like ChatGPT has added another layer of intrigue. These tools have sparked debates about originality, creativity, and even legality.

Can something created by an algorithm truly belong to anyone?

Generative AI works are trained on vast amounts of pre-existing content, raising questions about their copyright-ability.

The U.S. Copyright Office has made its stance clear: human authorship is essential for copyright protection.

This position was further reinforced in the recent Thaler v. Perlmutter case, where the court declared that “human authorship is a bedrock requirement of copyright.”

The Naruto Case and AI’s Legal Quandary

The legal landscape surrounding AI-generated works finds an interesting parallel in Naruto v Slater, 888 F.3d 418 (2018). In this case, a monkey’s attempt to claim copyright over its own selfie fell flat because, as the court noted, the Copyright Act only applies to human authors. AI faces a similar hurdle.

Despite its impressive capabilities, AI is not a person and, therefore, cannot claim authorship under current copyright law.

This issue isn’t just theoretical—it has real implications for creators and studios. If AI cannot hold copyright, who owns the material it produces?

Does it default to the programmer, the user, or does it enter the public domain?

These are questions that the entertainment industry, lawmakers, and society at large will need to grapple with as AI continues to blur the lines between human and machine creativity.

Balancing Act: AI as a Creative Partner

For many, AI represents a double-edged sword. On one hand, it offers tools that can inspire and expand the creative process.

On the other, it challenges the traditional notions of authorship and originality. Proponents argue that AI should be viewed as a collaborator rather than a replacement for human creativity.

For example, filmmakers can use AI to experiment with visual effects, test different plotlines, or even generate dialogue ideas—all while retaining ultimate control over the final product.

Similarly, writers might find AI useful for brainstorming or polishing scripts. The technology, they argue, is a means to enhance storytelling, not to automate it entirely.

The Future Is Now

As AI becomes more deeply ingrained in the fabric of entertainment, the industry faces both challenges and opportunities. Whether it is negotiating fair use agreements, exploring the ethical implications of de-aging actors, or grappling with copyright law, the integration of AI into Hollywood is anything but simple.

But one thing is clear: AI is no longer a concept confined to science fiction—it’s here, it’s real, and it’s rewriting the rules of entertainment law.

While the industry works to strike the right balance, audiences will be watching—sometimes in awe, sometimes with skepticism—as the lines between human and machine creativity continue to blur. Whether AI becomes a hero or a villain in Hollywood’s story, its role is certain to be anything but minor.