AI continues to spark both intrigue and concern throughout the entertainment industry. The intrigue comes from its continuing and frequent growth as well as how its implementation can be beneficial, especially in a creative space. However, there’s still concern with how to protect likenesses and intellectual properties and keep them from freely being used in the development of AI, more specifically in AI training models. Years have been spent developing and passing laws to protect copyrighted material and creative works such as scripts and images, but with the quick emergence of AI technology, there’s now a race to pass similar laws targeted directly at this tech to deter it from copyright infringement. Senator Adam Schiff (D-CA) and Senator John Curtis (R-UT) are attempting to pass such a law. This week, they introduced a bill aptly titled, The Copyright Labeling and Ethical Act (CLEAR). The act would require companies to disclose any and all copyrighted works used to train their AI models by filing a notice with the Register of Copyrights. The Copyright Office would also have to create a public database of the filed notices, so the information would be easily accessible to everyone. If the bill passes, it would have a considerable impact on the entertainment industry, especially films and movie theaters. But it could also quell the tensions around the use of AI technology in that industry.
The senators have been receiving praise from groups that represent artists of the industry including the entertainment unions, who have greatly expressed how the emergence of AI technology can put their members’ jobs at risk. The National Executive Director of SAG-AFTRA, Duncan Crabtree-Ireland stated, “Artificial Intelligence draws its power from human creativity, and that creativity deserves respect and transparency. The CLEAR Act establishes a necessary baseline by shining a light on copyrighted works that fuel generative A.I. By requiring disclosure and accountability, this legislation helps ensure that innovation moves forward alongside creators who make it possible”.
These groups agree that the CLEAR Act would be greatly beneficial to their industry as it forces AI companies to be candid about what creative works have been and are being used in AI training. All creators including writers, directors, and actors would be able to easily access a database and see if their work was used. The accessibility of this information may also intimidate these companies and discourage them from using said works without permission for fear of legal ramifications. In order to comply with the Act without the risk of going to court, AI companies may feel pressure to negotiate licensing deals with the studios and rights holders of the works they want to use. That would be a big win for the artists and the studios as it would allow them to protect their creative control of the work as well as its revenue streams.
This level of transparency around AI use may affect theaters as well. As AI technology is applied more in the making of films and commercials, the Act could lead to a demand in clear and direct labeling when it is used, similar to how ratings are show on-screen. The next movie trailer you watch may be preceded with the message, “Made using AI technology”.
Despite the level of concern or criticism it faces, it is clear that AI is going nowhere. It can be a resourceful tool as long as it’s governed and that’s what Senator Schiff and Senator Curtis are intending to do. Oscar winning director, Daniel Kwan, spoke about the need for guardrails in regards to AI at a panel presentation about the tech during the Sundance Film Festival last month. He acknowledged the change that AI will bring, but emphasized the importance of protecting “what matters and plant the seeds for what’s coming next”. As AI continues to grow and expand, it’s important to remember that the solution isn’t annihilation, but collaboration.
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