As part of our AI explained campaign, we have recently recorded a podcast on the use of AI in the TV and film industry.  This industry has always been at the forefront of technology, with AI now being a focal point, especially highlighted during the 2023 guild strikes. We touch on how AI is being integrated into various stages of production, from pre-production to post-production, to manage costs, particularly labor costs, and the legal considerations this integration brings.

We elaborate on the Screen Actors Guild (SAG) regulations regarding AI, which include strict rules on the use of digital replicas of performers. There are two main types: employment-based digital replicas and independently created digital replicas. Both require consent from the performers, detailed descriptions of their use, and appropriate compensation. This ensures that performers' rights are protected, addressing concerns that arose during the 2023 strikes. We highlight that while these measures are generally accepted, the area of generative AI remains a significant concern, particularly regarding its use to create new content from existing performances, which also requires performer consent and ongoing notifications to the union.

We explore the Writers Guild of America's (WGA) stance on AI-generated content. The WGA's regulations ensure that AI-created material is not considered literary material, thus protecting writers' rights and ensuring they receive proper credit and compensation for their work. This prevents studios from using AI to replace writers and ensures that any AI-generated material used in the development process is fully disclosed. The copyright law is clear that AI-generated content cannot be copyrighted, and any material that includes AI elements must disclose those elements, which will not be protected under copyright.

We also explore the differing international perspectives,  noting that the UK is closely following the US's lead on AI regulations in the film and TV industry. Various US states, like New York, are also considering legislation related to AI use in this industry. These regulations are designed to protect performers and maintain public trust. We conclude that while AI presents significant opportunities for efficiency and cost reduction in production, it is essential to balance these benefits with the protection of individuals' rights and the ethical considerations involved in using AI in storytelling. 

You can listen to the podcast in its entirety at Reed Smith