Even as Hollywood’s entertainment strike continues to disrupt the industry, SAG-AFTRA, the union organizing the strike, has taken initial steps to address the present and future impact of artificial intelligence (AI) on the livelihoods and careers of its members by incorporating AI regulations into interim agreements. These temporary agreements are intended to restart work and find a balance between the positive and negative aspects of AI.
As AI platforms like OpenAI’s ChatGPT and Google’s Bard gain popularity, there is growing fear that technology may replace both performers and writers in film and television production. The challenge lies in finding a middle ground that harnesses AI’s capabilities while safeguarding the rights of performers. SAG-AFTRA’s interim agreements address these concerns by mandating that producers obtain written consent from performers before creating digital avatars based on their likeness.
This provision in the interim agreement is a significant milestone, codifying the autonomy that performers have over any AI-generated scenarios. It ensures that actors can maintain control over how their digital representations are used by requiring written consent from performers, who retain ownership and decision-making power over their image when it comes to AI-driven or derivative uses or applications.
The scope of the interim agreement extends beyond the creation of digital avatars and delves into various aspects of AI’s application in post-production, such as editing, manipulation, and continuity. This comprehensive approach acknowledges the likely areas of AI’s impact throughout the creative process, and it highlights the need for agreement and regulation at every stage of production.
The ongoing entertainment strike has led SAG-AFTRA to introduce interim agreements that allow select productions to proceed outside the purview of the Alliance of Motion Picture and Television Producers (AMPTP). These agreements present terms that, if agreed to earlier, might have prevented the strike. By addressing AI regulations within these interim agreements, SAG-AFTRA demonstrates a forward-looking approach to resolving the strike and shaping the future of entertainment.
SAG-AFTRA has established a proactive contractual precedent for the entertainment industry to preserve the essence of performance rights while still embracing the latest technological advancements. This approach by SAG-AFTRA lays a groundwork for other AI-related negotiations to follow.
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