By Deborah Taylor
The Writers Guild of America (WGA) and the Screen Actors Guild–American Federation of Television and Radio Artists (SAG-AFTRA) have gone on strike in Hollywood. The WGA began the strike on May 2, 2023, followed by SAG-AFTRA on July 13, 2023. The unions are demanding improvements in pay structures and better regulation of artificial intelligence (AI) in the entertainment industry.
Both unions claim that the recent changes in viewership mediums and technological innovations have impacted their pay and residuals. They argue that they are not provided with data on streaming revenue and viewership, resulting in unfair compensation for their work. The rise of OTT platforms has also led to writers being required to create more episodes instead of full-fledged movies.
The use of AI and generative technology in filmmaking is another key concern for both unions. They fear that this technology could potentially replace background actors and infringe upon actors’ ownership rights of their digital likenesses. Studios have already recreated images and voices of real actors using AI, without their consent, for various media purposes. The actors’ unions argue that the studios should not have unlimited use of their likeness without proper compensation.
This situation raises complex questions about the intersection of AI and intellectual property rights (IPR). The ownership and classification of an actor’s digital reproduction or likeness is a significant issue. The Right of Publicity, which protects an individual’s name, likeness, image, or persona, plays a role in safeguarding an actor’s economic interests and reputation.
However, when AI and generative technology are involved, the issue becomes more complicated. AI can generate a digital likeness of an actor that can perform scenes without the need for the actor’s physical presence. This raises questions about the actor’s rights and royalties for such usage.
Additionally, there are concerns about the misuse of digital likenesses, including non-consensual intimate-scenes and deep-fakes. The existing legal regime struggles to address these issues adequately.
In conclusion, the writers and actors in Hollywood are demanding fair pay and better regulation of AI usage. The ownership and classification of digital reproductions raise complex legal and ethical questions that need to be addressed in the evolving landscape of AI and IPR.
