Abstract
The development of generative artificial intelligence (“GAI” or “generative AI”) introduces compelling benefits and capabilities to filmmakers and artists, but also brings complications regarding copyright of creative works. The American film and media industry in particular illustrates the scope of GAI’s legal, economic, and ethical implications. Though GAI may exhibit characteristics of independent agency or intent, GAI models are best understood as a new set of tools that serve a diverse range of applications in the creative process. The potential benefits of this set of tools can only be realized, then, if the filmmakers who use them are not unreasonably denied the authorship and ownership rights necessary to capitalize on their works. Copyright law can fulfill its utilitarian purpose in the context of the film industry with a balance of practical authorship requirements and dynamic licensing regimes for AI-assisted works. Through the right combination of legislation, policy, and best practices, copyright law can further facilitate the effective implementation of GAI in film and media while also recognizing its relevant challenges and risks.
Recommended Citation
Victor A. Oberting, IV, Generative Artificial Intelligence and Copyright in the Film and Media Industry, 82 Wash. & Lee L. Rev. Online 123 (2024), https://scholarlycommons.law.wlu.edu/wlulr-online/vol82/iss2/2
Included in
Computer Law Commons, Entertainment, Arts, and Sports Law Commons, Intellectual Property Law Commons, Science and Technology Law Commons