The Use of AI in Visual Media
The emergence of AI and its effect on works like motion pictures. Highlighting the purpose of copyright law and its relation to that of AI. Looking into the impact AI may have on those who work in the media industry.
Attribution
Bearded Man Holding an Analog Camera by Cottonbro Studios on Pexels
Copyright law dates back to the 1700s, arising from the need to grant authors exclusive rights to their original works. While its scope has expanded over time, its core purpose remains unchanged: to encourage the creation and sharing of creative content, benefit the public with diverse cultural works, and protect the rights of creators. The scope of copyright works extends from literary works to motion pictures that are not only fixed in a tangible medium but also original. This originality requirement ensures that a copyrighted work must be created by an author and possesses a minimal degree of creativity. However, with the emergence of Artificial Intelligence, questions have arisen about whether AI-generated works can satisfy the originality requirement and whether these AI-generated works threaten the notion of authorship.
Among the diverse works protected by copyright law, motion pictures stand as one whose use has been directly affected by artificial intelligence. In legal terms, Motion pictures are “audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.” Motion pictures have created numerous opportunities and jobs for thousands of people. In fact, a single movie can involve more than a thousand individuals working as visual artists, screenwriters, operators, and other roles. Altogether, these artists and authors create works of art that are protected under copyright law.
In recent years, AI has rapidly transformed visual media by generating art, editing images, creating stories, and constructing full videos without requiring skilled professionals. For example, tools like Scriptbook use natural language processing to analyze scripts, predict box office success, and offer plot and character development insights. Similarly, the company Cinelytic uses AI for casting decisions, evaluating an actor’s market value to predict a film's financial success. AI has also been extensively used in visual effects. Motion Pictures like Avengers: Infinity War and The Irishman have used AI software to refine actors’ performances and use deepfake technology to create realistic face swaps. Most recently, in the movie Alien: Romulus, AI was used to bring the late actor Ian Holm back to on-screen life. These advancements have sparked debates about whether AI threatens jobs in the industry and raises ethical concerns about its use.
Many VFX artists, actors, screenwriters, and professionals in the motion picture world have voiced their disapproval of AI. On the other hand, major companies like Sony and Lionsgate have partnered with different AI companies to produce films and television shows more efficiently and cost-effectively. However, these partnerships have also threatened the opportunities for multiple people who work in the media industry. A report published in January of 2024 indicated that AI would interfere with more than 200,000 entertainment industry jobs in the US by 2026, and about 75% of industry workers believed that this technology would lead to job losses in their area. This has led many workers to proceed with legal action to stop AI companies from taking their jobs and creating the art they should create. Furthermore, some AI companies use already copyrighted work to train their models to adapt and learn art styles that are then used to replace the artwork created by authors. Thus, the legal world is grappling with the complexities of AI and whether its expansion threatens the rights and livelihoods of authors whose works are protected under copyright law.
Research is being done to decide if AI-generated art should be eligible for copyright protection. The United States Copyright Office finds that art produced with the help of AI should be eligible for copyright protection under existing law in most cases, but wholly AI-generated works are not. As stated before, originality is a requirement for copyright protection that ensures a work has a degree of creativity. Thus, using AI as a tool to assist in creating art can still be considered creative, but using AI to develop one fully does not fulfill the originality requirement. While some agree with this view, seeing AI as a machine like a camera, many, like those working in the motion pictures industry, oppose it.
The emergence of Artificial Intelligence has created a debate on its use and nature. This technology has the potential to erase the jobs of thousands of people. Its cost-effective nature and efficiency are attractive to companies. Copyright protection was created for works of authorship to value those works and ensure that their creative nature is shared with society. How AI fits into that goal and its impact on society and art has yet to be decided.