Hollywood strikes over AI’s use in recreating actors in studios.
The Battle Over AI and Personal Images in Hollywood
The negotiations between Hollywood’s actor unions and the studios have hit a major roadblock – the right to control personal images in the age of artificial intelligence (AI). This issue has become a key sticking point for the Screen Actors Guild (SAG) and the American Federation of Television and Radio Artists (AFTRA) as they join the Writers Guild of America (WGA) in their strike against Hollywood.
While the strike primarily focuses on fair income and benefits for film employees, actors have also voiced their concerns about AI being used to replace or manipulate their appearance in films. This growing use of AI is not only affecting the creative side of the industry but also potentially eliminating the need for certain roles, such as screenwriters.
The WGA has made a clear request – no AI material should be trained on their members’ work, and the software should be banned from being used to write or rewrite source material. However, the Alliance of Motion Picture and Television Producers (AMPTP), representing the studios, has denied this request and instead plans to hold meetings to discuss technological advancements with actors and union representatives.
One of the most complex aspects of this issue revolves around the use of a person’s image in future projects. Studios have proposed making digital scans of extras and actors to use in the background of future films, offering only a single day of pay in exchange. SAG-AFTRA’s National Executive Director, Duncan Crabtree-Ireland, claims that studios want to keep these digital replicas forever. However, the AMPTP disputes this, stating that any future use of the image would require the actor’s consent and fair compensation.
SAG-AFTRA has attempted to negotiate with the AMPTP in private meetings, but their proposals have been rejected. The actors union is pushing for movie studios to establish comprehensive provisions that protect human-created work and require informed consent and fair compensation when a “digital replica” is made of a performer or when AI substantially alters their voice, likeness, or performance.
The Legal Battle and the Right of Publicity
At the heart of this legal tension lies the actor’s “right of publicity.” This right protects one’s appearance in public forums and allows affected parties to sue for unauthorized use, even after death. However, the rights of publicity vary across states, with only 35 states recognizing this right. Each state handles matters such as post-mortem appearance differently, leading to a patchwork of laws governing how a film can use someone’s appearance.
Recognizing the growing threat of AI, the Senate recently held a hearing on the right of publicity. However, no significant progress has been made in establishing a federal right of publicity.
As the WGA strike enters its 11th week, it remains uncertain when the disputes will be resolved. Nevertheless, the decisions made by the WGA, SAG-AFTRA, and other creative unions could have a significant impact on how federal agencies handle copyright questions in the future.
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