{"id":592426,"date":"2023-09-28T00:35:59","date_gmt":"2023-09-27T21:35:59","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/hollywoods-ai-compromise-writers-get-protection-studios-aim-for-copyright\/"},"modified":"2023-09-28T00:35:59","modified_gmt":"2023-09-27T21:35:59","slug":"hollywoods-ai-compromise-writers-get-protection-studios-aim-for-copyright","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/hollywoods-ai-compromise-writers-get-protection-studios-aim-for-copyright\/","title":{"rendered":"#Hollywood\u2019s AI Compromise: Writers Get Protection, Studios Aim for Copyright"},"content":{"rendered":"
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\n A clearer picture of how studios intend to incorporate artificial intelligence into the screenplay production app<\/a>aratus is coming into view.<\/p>\n

\n More than 11,500 members of the Writers Guild of America were given the greenlight on Wednesday to return to work after a vote to accept a tentative deal from the Alliance of Motion Picture and Television Producers that ended the 148-day strike. Included in the agreement were provisions placing guardrails around the use of generative AI that not only protect writers but also the studios, which are signaling they plan to pursue copyrights of works created in part by AI tools.<\/p>\n

\n The deal doesn\u2019t bar the use of AI but restricts how it can be credited and utilized.<\/p>\n

\n \u201cThe Companies agree that because neither traditional AI nor GAI is a person, neither is a \u2018writer\u2019 or \u2018professional writer,’\u201d states the Memorandum of Agreement<\/a>. \u201cTherefore, written material produced by traditional AI or GAI shall not be considered literary material.\u201d<\/p>\n

\n The agreement details that the provision of work created by AI, which must be disclosed by both sides, won\u2019t affect writers\u2019 credit or compensation and cannot be the \u201cbasis for disqualifying a writer from eligibility for separated rights.\u201d But nestled in between the lines of those protections is confirmation that studios aim to have writers work collaboratively with AI tools in the screenwriting process, though it can\u2019t be mandated. <\/p>\n

\n By keeping AI on the table, studios are looking to copyright material created by writers working in conjunction with the human-mimicking bots. Essential to the copyrightability of such works is a human rewriting or at least touching up any AI-produced script. Material solely produced by AI is not copyrightable. This means that the studios need writers to pursue copyrights and exploitation of such works. <\/p>\n

\n \u201cThe studios want to ensure exclusivity and copyright ownership,\u201d says Darren Trattner, an entertainment lawyer who represents writers, directors and actors. \u201cThey want to make sure that they have ownership of all the results and proceeds, and if AI is used, there could be an issue with that.\u201d<\/p>\n

\n The AMPTP appears to have built in safeguards that protect against use of AI that could undermine copyrightability.<\/p>\n

\n \u201cA writer must obtain the Company\u2019s consent before using GAI,\u201d the MoA states. \u201cThe Company retains the right to reject the use of GAI, including the right to reject a use of GAI that could adversely affect the copyrightability or exploitation of the work.\u201d<\/p>\n

\n Sarah Odenkirk, an intellectual property lawyer, says that this part of the deal indicates that studios are \u201cvery well aware that if a writer uses generative AI to create a work,\u201d then \u201cthey won\u2019t be given as strong of copyright protections that they wanted\u201d because material created by AI isn\u2019t copyrightable.<\/p>\n

\n Writers are rightfully concerned. In an Aug. 11 proposal, the AMPTP signaled that it intends to harness AI tools that can generate loglines, pitch ideas and storylines in seconds. It stressed \u201clandmark protections for writers\u201d in which their \u201ccompensation, credit and separated rights will not be affected\u201d when generative AI is used.<\/p>\n

\n The AMPTP described its offer as meeting the \u201cpriority concerns the writers have expressed.\u201d It was the opposite; the AMPTP was arguably getting the benefit of the bargain, with the potential to significantly undercut scribes\u2019 work down the line.<\/p>\n

\n The U.S. Copyright Office currently maintains that most AI-generated works are not copyrightable. In a statement of policy issued in March, it said it\u2019s \u201cwell-established\u201d that protection can only be granted to works that are the \u201cproduct of human creativity\u201d and that authors \u201cexclude non-humans.\u201d A work containing material produced by AI can only support a copyright if a human \u201cselected or arranged\u201d it in a \u201csufficiently creative way that the resulting work constitutes an original work of authorship.\u201d<\/p>\n

\n If they have a person rewrite or touch up AI-generated material, the studios calculated that they could then position the work as having had enough human input to qualify for copyright protection. Without writers playing a part in the screenwriting process when AI used, studios would essentially be creating uncopyrightable material. This would limit opportunities for exploitation since the works could enter the public domain, says Odenkirk, who observes that this serves as a \u201cnatural barrier\u201d against studios completely replacing writers with AI tools. <\/p>\n

\n \u201cIf a human touches material created by generative AI, then the typical copyright protections will kick in,\u201d a source close to the AMPTP said in August.<\/p>\n

\n At the same time, studios can arrange their employment relationship with the writer as a work-made-for-hire, which would allow them to list themselves as the owner of the copyright. This could enable them to sidestep writers exploiting a provision in copyright law enabling them to recapture previously transferred IP rights after a certain period of time. Studios have been fighting costly legal battles over the right to iconic franchises birthed in the 1980s, including Top Gun, Predator, Terminator<\/em> and Friday the 13th<\/em>.<\/p>\n

\n The determining factor of the copyrightability of AI-created material is the extent to which a person had \u201ccreative control over the work\u2019s expression and actually formed the traditional elements of authorship,\u201d according to the copyright office. A writer, for example, could modify material originally generated by AI to such a degree that it meets the standard for protection. In these instances, only the human-authored aspects of the work will be granted protection. The copyright office requires applicants to disclose the parts of their work created by AI.<\/p>\n

\n Amid this backdrop, courts are wrestling with the legality of using copyrighted works to train AI systems. Absent in the deal is mention of whether the studios will use writers\u2019 work as training data \u2014 a sticking point in negotiations. The agreement, which acknowledges the legal landscape around the issue as \u201cuncertain and rapidly developing,\u201d says that both sides reserve all rights to pursue litigation over the unauthorized exploitation of material to train AI systems. It appears that studios maintain that they have the right to use writers\u2019 work as training data, according to comments made by negotiating committee co-chair Chris Keyser in an interview with The Hollywood Reporter<\/em>. \u201cThe companies have, they claim, some ongoing copyright rights in using our material, and we claim certain contractual rights that limit that or would compensate us for that,\u201d he said.<\/p>\n

\n The tentative deal\u2019s Memorandum of Agreement punts the issue under a term requiring regular meetings at the request of the guild to \u201cdiscuss and review information related to the Company\u2019s use and intended use of GAI in motion picture development and production.\u201d<\/p>\n<\/p><\/div>\n

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Source<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

A clearer picture of how studios intend to incorporate artificial intelligence into the screenplay production apparatus is coming into view. More than 11,500 members of the Writers Guild of America were given the greenlight on Wednesday to return to work after a vote to accept a tentative deal from the Alliance of Motion Picture and…<\/p>\n","protected":false},"author":1,"featured_media":592427,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/www.hollywoodreporter.com\/wp-content\/uploads\/2023\/09\/Hollywood-Writers-Strike-AI-GettyImages-1537621899-H-2023.jpg?w=1024","fifu_image_alt":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-592426","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-social-mediaa"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/592426","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=592426"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/592426\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/592427"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=592426"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=592426"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=592426"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}