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New York Takes a Stand: AI Transparency in the Film Industry

On Thursday, New York Gov. Kathy Hochul put pen to paper on two groundbreaking bills aimed at fostering transparency around artificial intelligence (AI) in the film industry. These measures are designed to ensure that the use of AI technology in advertisements and media respects both the rights of creators and the integrity of performances.

Legislation Overview

The first bill mandates that producers and creators of advertisements must openly disclose if the ad features AI-generated synthetic performers. This move addresses growing concerns over the authenticity and representation of talent in promotional content. The second bill introduces crucial protections regarding the posthumous use of an individual’s name, image, or likeness for commercial purposes. If a company wishes to leverage these elements after someone’s passing, obtaining consent from heirs or executors is now a requirement. Gov. Hochul hailed these regulations as "first in the nation" initiatives, emphasizing her commitment to safeguarding performers’ rights and welfare.

A Commitment to Responsible AI Policies

Gov. Hochul made a significant statement at a press conference held at SAG-AFTRA’s offices in New York City, asserting, "We will have responsible AI policies in the state of New York." Her comments reflect a balancing act between embracing technological innovation and ensuring it does not come at the expense of human performers. "It’s a time where we do want to embrace innovation," she added. "But not to the detriment of people. That has to be the dividing line right there." Hochul characterized the incorporation of AI actors in advertisements as “fake entertainment,” highlighting the need for genuine human expression in creative endeavors.

Support from Industry Leaders

The bill signing event took place at the SAG-AFTRA offices, with prominent figures in attendance, including union executives and notable personalities like former president Fran Drescher and national executive director Duncan Crabtree-Ireland. Their presence underscores the industry’s unified stance on the necessity of regulatory measures concerning AI in entertainment.

The Disney and OpenAI Partnership

Coinciding with the legislative developments, Disney announced a collaboration with OpenAI, allowing users of its AI video creation platform, Sora, to generate clips featuring beloved characters from Marvel, Pixar, and the Star Wars franchise. Disney CEO Bob Iger confirmed that voices would not be included in this deal, potentially postponing a confrontation over voice replication rights. The announcement raised concerns within SAG-AFTRA, with Chief Labor Policy Officer Rebecca Damon highlighting that the union is continuously evaluating AI’s implications.

Union Perspectives on AI Regulations

Duncan Crabtree-Ireland, who played a key role in the recent SAG-AFTRA negotiations where AI was a contentious issue, avoided discussing the Disney deal directly. However, he remarked on the importance of the New York bills in setting broader industry standards. "If we want the public to trust what they see, we must have guardrails on digital replicas and synthetic creations,” he stated, noting that SAG-AFTRA refers to these as "synthetic figures" instead of "synthetic performers."

Monitoring Compliance and Protecting Creators

Following the announcement of the Disney-OpenAI partnership, SAG-AFTRA issued a statement committing to closely monitor the agreement to ensure that it aligns with existing contracts and laws that protect the image, voice, and likeness of performers. The union acknowledged Disney and OpenAI’s proactive approach to ensure they fulfill their contractual and legal obligations while implementing ethical guidelines for AI technology.

"The ongoing dialogue reflects a significant commitment to taking SAG-AFTRA members’ concerns into account," the statement concluded. This teamwork serves as a positive example as both parties strive to protect the rights of creators in a rapidly changing technological landscape.

Precedents for Ethical AI Use

Previously, SAG-AFTRA established strict regulations on the use of OpenAI’s Sora platform in October after an invite-only release featured actor Bryan Cranston’s voice and likeness without his consent or any compensation. OpenAI’s response was to enhance its safeguards regarding voice and likeness replication, pledging to adopt an opt-in policy moving forward. "I’m grateful that OpenAI has committed to using an opt-in protocol," stated SAG-AFTRA President Sean Astin. He emphasized that this durable policy is necessary for ethical business practices and that the "NO FAKES Act" will help establish safer standards in the industry.

The Role of AI legalese decoder

In navigating this complex and evolving legal landscape, AI legalese decoder can play a vital role. By simplifying intricate legal jargon and making legal documents more comprehensible, this tool can empower both creators and companies to better understand their rights and obligations related to AI usage. For performers, it means clearer insights into contracts involving their likeness, voice, and image, ensuring they can make informed decisions.

For production companies, utilizing AI legalese decoder can clarify the regulatory frameworks they must adhere to, helping them avoid potential legal pitfalls associated with AI-generated content. As the industry continues to grapple with the implications of AI technology, resources like the AI legalese decoder are invaluable for safeguarding the interests of all stakeholders involved.

This expanded overview highlights not only the legislative changes in New York but also the collaborative efforts within the film industry to embrace innovation responsibly. By focusing on transparency and consent, the new laws promise to uphold the rights of performers while paving the way for a more ethical use of AI in entertainment.

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