Can A.I. File a Copyright?

Posted by:

|

On:

|

,

During a time when artificial intelligence is no longer just a tool but a potential creator, the entertainment industry is facing a groundbreaking shift. Recent developments have seen AI step into roles traditionally reserved for human talent, from writing scripts to performing voice-overs in video games. This transition, while technologically impressive, has sparked a complex debate around copyright, creativity, and the very definition of authorship. 


​    Imagine playing the new Grand Theft Auto, or Pokémon game voiced and created by artificial intelligence. As reported by Sotto Voce, “The Screen Actor’s Guild made the controversial choice to sign a deal to allow AI-generated voice performances in video games, and it’s unclear who it consulted with to reach that decision.” A statement put out by the Screen Actors Guild says “(the) contract marks an important step towards the ethical use of AI voices in creative projects by game developers, and sets the basis for fair and equitable employment of voice actors as they explore the new revenue opportunities provided by AI.” As there are few details around this deal, it is interesting to look at how artificial intelligence has faired in the courts. 


    There was an attempt to credit A.I. for inventing things in Thaler v. Vidal, but the United States Court of Appeals denied it. The court ruled that, “Congress has determined that only a natural person can be an inventor, so AI cannot be.” This has taken away any potential for artificial inelegance owning any inventions it can come up with. Along the same line The copyright office has also denied granting a copyright to an artwork by Artist Matthew Allen. Kate Knibbs, reported that, “The Copyright Office agreed that the parts of the painting that Allen had altered with Adobe constituted original work. However, it maintained that other parts generated by AI could not be copyrighted.” This raises the question; how will Hollywood studios deal with using AI-generated content like scripts and even actors? Without being able to copyright the content, it will most likely be available for anyone to use.


    Considering ​ these developments, the entertainment industry stands at a crossroads. Integrating AI into creative domains like gaming and film production raises profound questions about originality, ownership, and the role of human creativity in the digital age. While AI can augment and enhance the creative process, the legal system currently emphasizes the distinction between human and machine-generated content. As stated by Randy McCarthy in a PCMag article “A class of AI-generated works could be eligible to receive copyright protection, so long as the human applicants can document and thoroughly explain their contributions to the US Copyright Office,” this distinction is crucial for preserving the rights and recognition of human creators while navigating the uncharted waters of AI-assisted creativity.


​    As we move forward, the industry must balance the innovative potential of AI with the ethical and legal considerations it raises. The role of AI in creative projects is not just a technical or legal issue but a cultural one, reflecting our evolving relationship with technology. The decisions made by studios, unions, and lawmakers will not only shape the future of entertainment but also define the boundaries of human and AI collaboration in art. 



(1) Team, D. (2023, February 1). GPT-1, GPT-2 and GPT-3 models explained. 360digitmg.com. https://360digitmg.com/blog/types-of-gpt-in-artificial-intelligence#:~:text=GPT%2D1%20was%20launched%20in,contiguous%20text%20and%20long%20stretches(2) Marr, B. (2023, May 19). A short history of ChatGPT: How we got to where we are today. Forbes. https://www.forbes.com/sites/bernardmarr/2023/05/19/a-short-history-of-chatgpt-how-we-got-to-where-we-are-today/?sh=575bf1a9674f
​(3) Hines, K. (2023, June 5). History of ChatGPT: A timeline of the meteoric rise of generative AI chatbots. Search Engine Journal. https://www.searchenginejournal.com/history-of-chatgpt-timeline/488370/
(4) Watercutter, A., & Bedingfield, W. (2023, November 9). Hollywood Actors strike ends with a deal that will impact AI and streaming for decades. WIRED. https://www.wired.com/story/hollywood-actors-strike-ends-ai-streaming/#:~:text=WGA%20members%20went%20on%20strike,AI%20encroaching%20on%20their%20work
(5) https://www.reuters.com/legal/ai-generated-art-cannot-receive-copyrights-us-court-says-2023-08-21/
(6) David, E. (2024, January 10). OpenAI’s custom GPT Store is now open for business. The Verge. https://www.theverge.com/2024/1/10/24032144/openai-chatgpt-gpt-store-ai-launch