AI in Screenwriting? Not Without Consenting Writers - A Look At the New Terms
In a landmark development, Hollywood screenwriters have secured one of the first contracts to regulate the use of artificial intelligence (AI) in their craft. After a five-month-long strike, the Writers Guild of America (WGA) and the Alliance of Motion Picture and Television Producers (AMPTP) have inked a tentative labor agreement. The agreement permits Hollywood studios to train AI models using works from human writers, albeit under specific conditions, promising writers payment and credit for their work irrespective of AI involvement.
The Hollywood writers' strike, initiated in May due to concerns about the use of AI in script creation and summarization, saw approximately 160,000 actors and 11,500 writers affected. The action, which also spotlighted the potential use of AI in marketing materials, reportedly cost production companies an estimated $3 billion between May and August, impacting California's economy significantly.
The AMPTP, in response to writers' and actors' concerns about data transparency and AI use, previously issued guidelines asserting that AI-produced content will not qualify for intellectual or literary protection. The guidelines also mandate AMPTP studios to disclose the origin of scripts when recruiting writers for AI-generated scripts. Following a vote by its leaders, the WGA is anticipated to release the terms of the agreement, which could occur as early as Tuesday.
In this groundbreaking deal, critical conditions regarding the use of AI in screenwriting include:
1. AI-created work will not be recognized as literary, source, or assigned material under the Minimum Basic Agreement (MBA), thereby excluding it from the scope of human-written work.
2. The AI will not be considered a writer under the MBA, meaning it is not entitled to the rights or protections a human writer would receive under this contract.
3. Writers are allowed to use AI in their writing services, provided the company they are working for permits it and the writer abides by the company's rules concerning AI use.
4. Companies cannot compel writers to use AI software, such as ChatGPT, in their writing services. Therefore, writers retain the right to choose whether or not to incorporate AI into their work.
5. If a company provides a writer with AI-generated or AI-influenced material, the company must disclose it to the writer, promoting transparency and honesty in the writer's work process.
6. The Guild, the writers' union, reserves the right to argue that using writers' work to train the AI could be illegal under the MBA or other laws. This provision empowers the Guild to take action if it believes its members' rights are being infringed upon by AI use.
This agreement represents a significant stride in regulating AI's role in creative fields. However, the implications of this novel contract are yet to unfold. As AI continues to permeate various industries, similar negotiations may become increasingly prevalent, prompting a critical examination of AI's ethical and legal boundaries.