AI In Entertainment: It’s Impact on Unions

History continues to repeat itself as the next big wave of tech, artificial intelligence (AI), becomes widely available, challenging the current world of Feature Film, TV / New Media and Commercial production. From AI generated scripts to story outlines , to AI generated extras and even AI generated interviews, it is clear that this new tool  opens doors of opportunities within technology and film. 

On the other hand, AI also creates many challenges to  work and labor opportunities within the entertainment industry and is already top of mind for performers and producers, especially among entertainment unions.

Screenwriters and actors alike have been at the forefront of defending their intellectual property against AI. Entertainment unions such as The Writers Guild of America and SAG-AFTRA are among the first to protect its member’s rights in future contracts with calls for regulation of AI with the AMPTP, the contract bargaining party . 

In this blog, we will define how artificial intelligence is being used within the entertainment industry. As well as how entertainment unions are responding to the use of AI and what we predict the work within the entertainment industry might look like in a world with AI.

How AI Technology Is Being Used in Entertainment

The media and entertainment industry have been  quick to embrace the use of AI to create, distribute and personalize their creative content. AI can be used to assist human labor in the process of creative content such as video editing, sound design and special effects. Here are several ways AI technology has been used within entertainment:

1. Content creation

   From AI generated storylines and scripts to AI generated music, sound designs to even AI generated interviews, anything is possible when it comes to content creation. AI is always improving its algorithm to perfect the quality of its content creation. 

   
   AI technology AIVA has the ability to compose original music completely eliminating the need for artists or music composers.

2. Audience engagement

   AI’s algorithm is helpful in analyzing media data to understand audience preferences. This data can help companies develop content that will resonate better to their target audience. 

   
   For example, streaming platforms such as Netflix and Amazon Prime have used AI technology to implement their algorithm to recommend personalized content to their members. AI technology allows these platforms to maximize user engagement.

3. Distribution

   AI technology can also be used to predict audience engagement to optimize distribution on different platforms. 

   
   For example, Warner Bros. uses Cinelytic, an AI management system that guides their decision making process on where to best distribute their content in theaters and select streaming platforms.

It becomes clear that AI can be a very useful tool to improve technology within the entertainment industry. Now when it comes to entertainment, this opens up an ocean of questions:

1. Will this replace jobs?

2. IF AI scrapes existing content to develop its own, who does the IP belong to? 

3. Is there a legal basis for AI to develop content using creators' previous work when those very creators aren’t being compensated for it?

4. Does this open the door to copyright infringement? 

5. How do we put safeguards around AI to protect human beings and their creativity? 

These are the very questions being deliberated among entertainment unions through contract negotiations.

How Entertainment Unions Are Tackling the Subject of AI

Today, there is great urgency to establish regulations for AI technology in new entertainment union contracts.  SAG-AFTRA and the WGA are fighting  for the IP of its members as companies look to utilize AI to save costs and push out more content. The union's position is not that AI is bad. It’s that it should be used as a tool to enhance performers capabilities– not replace them.  

This has quickly escalated into a controversial topic between unions and the AMPTP, resulting in an unprecedented amount of entertainment union strikes. 

Here’s where the current state of the AI and entertainment strikes and controversies lies: 

1. The Writer’s Guild of America (The WGA)

   Strike Effective Date: May 2nd, 2023 

   The Writer’s Guild of America represents all types of writers within the entertainment industry and serves to protect their rights while working under a production. Writer’s jobs have now become questionable as reports have noted companies use generative AI to write out storylines and scripts without ever having to rely on a human writer.

   With less and less time given to screenwriters to write for productions, companies hiring less writers under each show and providing them with shorter work periods overall, the job sustainability for writers has now become almost impossible. 

   As the Writer’s Guild of America attempted to negotiate their upcoming contract with the AMPTP they proposed that the entertainment industry agree not to use AI to replace writers. The industry has further declined their request and so the strike has gone in full effect. Today, there continues to be this huge gap between both parties and have yet to come to an agreement for their next contract.

2. The Screen Actors Guild - American Federation of Television and Radio Artists (SAG-AFTRA)

   Strike Effective Date: July 14th, 2023

    SAG-AFTRA is an entertainment union that represents various forms of performers and protects their rights while working for productions. Generative AI has also affected the jobs of talent performers in numerous ways:

   • Visual effects: With generative AI, it can fine tune character’s features in a cleaner and more affordable way than traditional visual effects. 

   • Hair and makeup: Generative AI also allows for easy performance capture reducing hours in the makeup and hair chair. 

   • Dubbing: AI technology can be used to dub the entirety of films cutting out the need for a voiceover entirely. 

   This is just the tip of the iceberg. Generative AI has a lot more in store for entertainment media and due to that fact, SAG-AFTRA also seeked to regulate and control the use of AI in their next contract. 

   SAG-AFTRA is currently on strike as they failed to come to an agreement with the AMPTP. SAG-AFTRA does not seek to ban the use of AI as it proves that it can be a useful tool of technology, but they want to ensure that a performer’s likeness and how productions generate new content are met with fair compensation and consent. 

   It’s important to note that this ongoing dispute is between SAG-AFTRA and companies that are signatory to the AMPTP’s Television and Theatrical Contracts.
   

   In other words, this does not affect SAG-AFTRA actors who work on commercials or Corporate/Educational Industrial projects.

3. The International Alliance of Theatrical Stage Employees (I.A.T.S.E.)

   The International Alliance of Theatrical Stage Employees represents crew members while working on productions. IATSE has recently released a statement of their core principles when addressing AI. While there is no current threat of a strike, they have communicated to further seek the study of AI and how it will impact the entertainment industry. 

   Within this statement they recognize the jobs at risk due to AI and seek to understand how AI can be used in a way that will benefit both parties without jeopardizing the jobs of their members.

   Our Predictions: How AI Will Affect Entertainment Unions?

   No one has a crystal ball and it's impossible to say with 100% certainty how this unprecedented series of events will play out, but with over 2 decades serving as union experts within the entertainment industry, we can provide our professional insights to help you navigate the future.
   

   We are astounded and excited by the various opportunities generative AI has in store for the entertainment industry, we believe what we’ve seen so far is just the beginning of all AI has to offer. However, we do not believe AI has the capacity to undermine the unique creativity talents bring to the table.
   

   There is no question that the hard work and collaboration of many artists, writers and directors alike have been historically admired and has since become a huge inspiration and influence for many who are in the industry. We believe the human experience is a core principle for any successful production that cannot yet be synthetically reproduced by AI.
   

   In short, we do believe regulations will be put into place around AI. We don’t predict that AI will replace the performers, editors, directors, writers or any other talented individual bringing films and television to life. It will merely be a tool in their toolbelt to continue delivering entertainment to the world.

   Conclusion

   In conclusion, AI is here to revolutionize the entertainment industry as we know it and we all must learn to adapt. Entertainment unions are at the forefront of understanding AI and are taking the proper measures to ensure it does not affect the jobs or the rights of their members. 

   Since CMS Productions is a third-party union signatory to the WGA and SAG-AFTRA’s commercials contracts, we wanted to acknowledge what this ongoing situation means for advertisers and producers hiring of WGA writers or SAG-AFTRA talent.

   The ongoing dispute is between the WGA and companies that are signatory to the WGA’s Minimum Basic Agreement (MBA) for feature film, new media and television production only. In other words, commercial productions are not subject to picketing or work stoppages but all union writers must be pencils down. 

   The ongoing dispute between SAG-AFTRA and companies that are signatory to the AMPTP’s Television and Theatrical Contracts does not affect SAG-AFTRA actors who work on commercials or Corporate/Educational Industrial projects. Union actors who work on commercials or do promotional work on behalf of brands will not be affected. 

   For more questions or inquiries on how we can provide union signatory services for your upcoming project, contact one of our union experts today.

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