The Intersection of Generative AI and Copyright in Entertainment: Implications for Writers and Studios
The Generative Slate: Navigating AI in Content Creation
This article is part of DWT’s The Generative Slate series, where we delve into the growing influence of generative AI in the production and distribution of content. If you missed our first installment, be sure to check it out.
AI: Behind the Scenes of Prestige Television
While you won’t find AI writing the latest episodes of acclaimed dramas just yet, its role behind the scenes is becoming increasingly prominent. Recent discussions surrounding the Writers Guild of America (WGA) strike highlighted concerns about AI as a potential threat to creativity. Although the subsequent agreement did not prohibit AI’s use in film and television, reports indicate that some writers are now embracing AI for various tasks—from brainstorming ideas to crafting outlines and even drafting scripts.
Copyright Concerns in the Age of AI
This collaboration between human writers and AI raises critical questions regarding copyright. The U.S. Copyright Office maintains that only human creativity can be protected. Consequently, if AI-generated content is incorporated into a pitch, treatment, or script, it could jeopardize the copyright status of the entire work. The greater the AI’s contribution, the more likely the copyright will be challenged.
Using AI for high-level concepts or initial brainstorming poses little risk. However, if a significant portion of a work is AI-generated, the legal complexities increase. This dichotomy is crucial for content creators to understand as they navigate the evolving landscape of intellectual property.
Transparency in AI Usage
In the U.S., there’s a requirement to disclose AI usage when registering a work that contains an "appreciable" amount of AI-generated content. Failure to do so can lead to canceled registrations, even if intricate prompts were employed to refine the output. As the U.S. Copyright Office adapts its regulations, it’s essential for creators to remain vigilant regarding these developments.
The Chain of Title Dilemma
Additionally, the issue of chain of title presents another hurdle. If a project includes AI-generated material that lacks clear ownership or disclosure, it poses a risk to the property’s value. Buyers could believe they acquire a fully protectable script, only to discover that parts of it are not. As discussions about the protectability of AI-generated works continue, due diligence in the chain-of-title process will likely involve scrutinizing the role of AI in content creation.
The Heart of Storytelling
Writers have always been the backbone of storytelling within the entertainment industry. For studios, understanding AI’s integration into the creative pipeline is crucial for owning, registering, and protecting intellectual property. Awareness of these issues will be vital as generative AI continues to reshape content production and distribution.
As we move forward, we will keep a close eye on how generative AI influences the realms of creativity, protectability, and registrability—tracking the balance between technology and human artistry in the world of entertainment.
Stay tuned for more insights in upcoming installments of The Generative Slate.