WGA strike: Studios' proposal raises possibility of copyrightable AI-created scripts

In the midst of ongoing strikes that have halted film and TV production, the largest studios in Hollywood are increasingly revealing their intentionto incorporate artificial intelligence into the process of crafting screenplays. The Alliance of Motion Picture and Television Producers (AMPTP), which represents the interests of studios and streamers, submitted a proposal to the Writers Guild of America (WGA) on August 11, outlining their vision for integrating generative AI tools like ChatGPT into the creative process. The proposal emphasises the potential of AI to quickly generate loglines, pitch ideas, and storylines, aiming to enhance the efficiency of writers' work.

Importantly, the AMPTP's proposal attempts to strike a balance by claiming to ensurethat the use of AI tools does not diminish the role of human writers. Rather than outright banning AI, the proposal claims to harness its capabilities for the benefit of the industry.

Can works of art generated by AI be copyrighted?

A notable gap in the proposal lies in addressing how works produced by AI align with existing copyright laws. As it stands, works solely generated by AI are not eligible for copyright protection. To gain copyright, a human writer would need to significantly rewrite any AI-produced script, highlighting a potential conflict between AI and copyright regulations. Earlier this month, a federal judge upheld the verdict of the US Copyright Office, asserting that artworks created by AI are not eligible for copyright protection. The ruling emerged as part of a case involving Stephen Thaler's bid to challenge the government's refusal to register AI-generated works. District Judge Beryl Howell's ruling was clear: Copyright law has never been intended to safeguard works produced solely by new forms of technology without human intervention.

Also Read |WGA strike: Judge rules AI-generated works ineligible for copyright protection

Are human writers still relevant? Very much so

John Lopez, a member of the WGA’s working group on AI, suggests that the industry's focus on AI tools overlooks the pivotal contribution of human writers, stating that the studios still rely on their expertise. The studios appear to be interested in preserving intellectual property rights around works produced by AI. According to sources close to the AMPTP, if a human is involved in modifying content created by generative AI, traditional copyright protections would come into play.

This development arises following discussions between the WGA leadership and top executives of major Hollywood studios, including Disney, Netflix, and Warner Bros Discovery. The studios' proposal aims to ensure that content generated by AI does not fall under the category of "literary material" in contracts. This strategic move is intended to prevent AI-generated content from being used as a basis for rights recapture by writers, a process that writers have been utilising for iconic franchises created in the 1980s.

The WGA, however, has criticised the studios' offer, claiming that it fails to adequately safeguard writers' interests. The disagreement over AI's role in the creative process appears to be one of the factors prolonging the strike.

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