Film/TV Issues to Consider With AI

As AI (Atificial Intelligence) moves beyond the world of animation, CGI and digital effects, its impact is becoming more and more complicated. The capabilities can now influence the work of actors, writers and musicians and elevates the protection likeness usage and copyright infringement to a whole new level .

I personally have not utilized the programs in my work as a producer or expert, however but here are some areas that are being looked at closely by artists and their representatives.

Well known actor's likenesses are easy for AI programs to grab and utilize.  Here is an article in the Guardian about Tom Hanks: https://www.theguardian.com/film/2023/oct/02/tom-hanks-dental-ad-ai-version-fake

With unknown actors, production companies can scan an actor's voice and likeness in a casting session and have the ability to use their likeness without approval. Some actors are giving limited usage licenses, but that line will become murky over time and issues will be sure to arise.

With respect to writers, writers' works can be used to train AI programs to mimic the tone and voice of a writer without their approval. So again, the fine line between fair use and copyright infringement will be tested.

Strict copyright law means that whoever fixes the expression in a tangible medium, owns that expression. The world of AI can cloud the lines of authorship quite a bit.

If AI programs develop to the point that the program can copy the voice and expression of a writer, and use it without that writer/author's approval, a myriad of problems can ensue.

This all leads to the question - Who owns the AI replica of an actor's likeness, voice and performance? A writer's "voice, tone and expression". And how do you protect that ownership? The same would go for musical artists.

These are the questions that transactional lawyers are now grappling with in order to protect their clients' work. I would imagine litigators will then be required to contend with these same questions as case law is developed over the next few years.

As the technology develops and its usage expands across all sectors of media, I have a feeling it will become an area of expertise in its own right.