New agreements on the boundaries of artificial intelligence in Hollywood published: what film and TV studios are allowed and forbidden to do

By: Tetiana Honcharenko | 30.09.2023, 19:10

Film studios and the Writers' Guild Association (WGA) have entered into an agreement that establishes rules for the use of artificial intelligence in the production of films and TV series.

Here's What We Know

Although the details of this agreement are still being refined, the terms of the main agreement between the WGA and the Motion Picture and Television Alliance have already been made public and sets out a framework to protect screenwriters' copyrights and limit the ways in which AI can be used in the creation of Hollywood scripts.

Recall that it was the issue of the use of AI that was one of the main reasons why the screenwriters' strike began.

AI, including tools like ChatGPT, has made incredible leaps in development. It is now capable of generating entire scripts on demand. However, using data based on works previously written (and copyrighted) by screenwriters requires vigilance so as not to infringe on their copyrights and compensation.

Hollywood screenwriters need to ensure that their labour is not used without proper payment and copyright recognition, as well as protection from being completely excluded from the creation process if studios decide to use AI to write scripts. And it appears that the agreement reached will fulfil most of these requests.

Protecting authors from exploitation by studios using AI technology:

Clause 72 of the WGA's new basic agreement sets out the rules for the use of AI. It specifies that material created by AI (Generative Artificial Intelligence (GAI) and traditional) is not considered "literary material," the definition of which includes any written work created by humans.

The agreement requires the studio to mandatorily notify the screenwriter that he or she has been provided AI-generated material to create a new literary work. The fact that the AI-generated material is used should not affect the screenwriter's salary, and the screenwriter has full copyright, sharing it only with other screenwriters, if any, in subsequent work with the material. This allows AI to be used as a tool, but with respect for screenwriters' copyrights.

Also, the screenwriter cannot be forced to use AI to create texts. However, non-generative AI tools can be used to check for plagiarism and detect copyright infringement.

Protecting screenwriters' rights to use AI tools and technologies.

The new WGA agreement also governs the rules for those screenwriters who do want to use AI in their work. If a screenwriter wants to use AI, he or she must get permission from the studio and abide by its rules on the use of AI. Importantly, if a screenwriter uses AI for writing, their material is treated the same as if the AI writing material was provided by the studio. So if the screenwriter has access to the studio's material and uses AI, his labour cannot be used without permission and infringement of his rights or remuneration.

It is true that the agreement does not specify prohibitions on studios using existing works for AI training. However, it is noted that copyright owners have the ability to prohibit studios from using their works for AI training purposes.

Precautions regarding future changes in AI technology and strategies.

Finally, because AI is a rapidly evolving technology and studios are constantly finding new ways to use it, the agreement calls for meetings between the studios and the WGA every six months. At these meetings, they discuss the future of using AI in the creation of films and TV series. These meetings are confidential and only deal with content production, not touching on the use of AI tools for data analysis or operational tasks such as finance or marketing.

Source: Screenrant