By: Meg Cotter
The writers behind our favorite films and movies and the actors portraying the roles within them are standing up for their place in Hollywood as Artificial Intelligence becomes a hot topic in the SAG-AFTRA labor strike. Technology has progressed to the point that scripts can be written without writers and actors’ images can be replicated over and over. In response to advancements, the Writer’s Guild and SAG- AFTRA have joined forces to demand new labor contracts that include terms regulating when AI can be used, for how much money, and how studios will protect against misuse.
For the past three months, the Writer’s Guild has been on strike, halting the production of projects on sets across Hollywood and putting a pause on the production of movies and television. They are demanding improved working conditions and pay, specifically retrieving residual payments from streaming services and reruns.
One of the central issues in this fight for writers is correctly shaping the role of artificial intelligence in the entertainment industry while recognizing its impact on the profession’s future. After all, Artificial intelligence technology has been trained to perform as efficiently as writers through the utilization of writers’ previous creations. These same writers are now at risk of being replaced by this technology.
The actor’s union joined on the 10th week of the strike and has been picketing ever since, demanding better conditions and job security during a new wave of technological advancement. A quote from a studio’s AI position outraged actors stating: “We want to be able to scan a background performer’s image, pay them for a half a day’s labor, and then use an individual’s likeness for any purpose forever without their consent…We also want to be able to make changes to principal performers’ dialogue, and even create new scenes, without informed consent. And we want to be able to use someone’s images, likenesses, and performances to train new generative AI systems without consent or compensation” (this quote has also been regarded as a direct distortion from studios). Actors are angered by intentions to use technology to diminish their craft and hinder just compensation for the use of their image. Union President, Fran Drescher stated, “We are all going to be in jeopardy of being replaced by machines and big business, who cares more about Wall Street than you and your family”.
Strikers know that they will need to accept in some way, shape, or form the use of technology within Hollywood. However, they are looking to establish clear boundaries as well as legal and creative control. Actors’ demands include a requirement for performers’ consent to create and use digital copies and any digital alterations of a performance. They are devoted to protecting “human-created work” including any alterations to an actor’s voice, performance, or image. The Writer’s Guild has stated that they would allow the use of AI, but only as a helpful tool to use in their writing process, not as a complete replacement. SAG-AFTRA’s chief negotiator, Duncan Crabtree-Ireland, has promoted a “human-centered” approach to AI, stating that the industry should not ban AI entirely but use it as a resource for the guild’s benefit. Companies are required to bargain with SAG-AFTRA before attempting to acquire these rights in contracts under the National Labor Relations Act. According to statements from SAG-AFTRA, companies are currently taking advantage of preexisting broadly worded contracts and stretching them to apply to the situation.
The use of AI is being focused on as it is completely new territory when it comes to business negotiations. How the strikers proceed in this moment in the fight for better regulation will impact the entertainment industry trying to replace them entirely for profit.
Legally, we are marching on new territory here. Lawsuits pertaining to AI are often settled quickly, and courts are unable to establish legal precedent. There is no case law or precedent to rely on here for answers. Instead, two legal concepts are applied when tackling AI: the right to publicity and copyright. The right of publicity limits the commercial use of an individual’s name, likeness, or any aspects of their person to be used without their consent. Many studios now require hired actors to grant digital creation rights in their contracts, allowing actors to be replicated using AI and studios to avoid lawsuits. Actors are fighting against this type of exploitation within the strike as they do not want to be kept from working based on their reluctance to agree to being replicated by technology.
Artificial Intelligence is something entertainment professionals will likely need to work with and not against, however, it is vital for clear boundaries to be drawn. How they proceed will impact not only their careers but also the future of others and legal precedent for future uncharted technological advances.
Student Bio: Meg Cotter is a 2L at Suffolk University Law School. She is a staff writer on the Journal of High Technology Law. She received a Bachelor of Arts Degree in English & Textual Studies from Syracuse University.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
