AI won’t replace your favorite artist. But it will render obsolete some working musicians and songwriters. A nervous industry steels itself for more upheaval.
Left without case law or legal precedent to draw from, lawyers generally apply two classic legal concepts when tackling AI and voice and image rights: the right of publicity and copyright. Reality TV contracts typically require cast members to consent to more sweeping rights waivers, Brecheen explained. Often, the production companies become partial owners of any business someone creates as part of the show.
“That’s really the basis for the things that we’re seeing with both WGA and SAG-AFTRA,” Schmidt said. “We’re at this Napster 2001 moment where the music industry was, where we can either create really clear, fair standards, or we can kind of let it go wild. … It’s one thing if somebody wants to [use AI] to make a silly TikTok video, but it’s another thing if a film studio wants to do it and displace thousands of crew members’ jobs.
“That is what these creators and developers are leaning on: not being transparent,” Yates said. “It would be a massive headache to try to figure out everything that was used and how it was used and where it came from and whether or not it fits within copyright infringement. And they’re just very lazily leaning on that as an excuse.”
“The attempt to sort of step in front of the train and say, ‘Well, you have to use an individual actor in every crowd,’” Brecheen said. “That ship has sailed … [Saying] ‘you can only use it in certain ways’ or ‘you use it to augment a human performance’ [and] the human still has to be compensated — I think that is the way to go.”
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