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INDUSTRY NEWS

Hollywood fights back against Google and OpenAI

As AI and tech giants push for unrestricted access to limitless training data, a battle is brewing between the world’s top creators and the ever-hungry language models that thrive on human creativity.

Two of the planet’s most powerful AI developers, OpenAI and Google, recently submitted letters to the White House Office of Science and Technology, responding to its request for input in the development of an AI Action Plan.

The two multibillion-dollar corporations are urging the Trump administration to grant them the freedom to disregard copyright laws, allowing them to use any material they choose to train their language models.

OpenAI argues that the U.S. will lose its competitive advantage in the race to become the world’s AI leader if it strictly adheres to intellectual property frameworks.

Google says copyright is one legal area that will “impede appropriate access to data necessary for training leading models.” 

Major Hollywood figures were quick to push back on these calls. Nearly 500 actors and creatives signed a letter arguing that “America’s global AI leadership must not come at the expense of our essential creative industries.

It is clear that Google (valued at $2 trillion) and OpenAI (valued at over $157 billion) are arguing for a special government exemption so they can freely exploit America’s creative and knowledge industries

“AI companies are asking to undermine this economic and cultural strength by weakening copyright protections for the films, television series, artworks, writing, music, and voices used to train AI models at the core of multi-billion dollar corporate valuations.” 

Read the full letter below.

We, the members of America’s entertainment industry — representing an intersection of cinematographers, directors, producers, actors, writers, studios, production companies, musicians, composers, costume, sound & production designers, editors, gaffers, union and Academy Members, and other industrious, creative content professionals – submit this unified statement in response to the Administration’s request for input on the AI Action Plan. 

America didn’t become a global cultural powerhouse by accident. Our success stems directly from our fundamental respect for IP and copyright that rewards creative risk-taking by talented and hardworking Americans.

We firmly believe that America’s global AI leadership must not come at the expense of our essential creative industries. America’s arts and entertainment industry supports over 2.3 million American jobs with over $229 billion in wages annually, while providing the foundation for American democratic influence and soft power abroad. But AI companies are asking to undermine this economic and cultural strength by weakening copyright protections for the films, television series, artworks, writing, music, and voices used to train AI models at the core of multi-billion dollar corporate valuations.  

Make no mistake: this issue goes well beyond the entertainment industry, as the right to train AI on all copyright-protected content impacts all of America’s knowledge industries. When tech and AI companies demand unfettered access to all data and information, they’re not just threatening movies, books, and music, but the work of all writers, publishers, photographers, scientists, architects, engineers, designers, doctors, software developers, and all other professionals who work with computers and generate intellectual property. These professions are the core of how we discover, learn, and share knowledge as a society and as a nation. This issue is not just about AI leadership or about economics and individual rights, but about America’s continued leadership in creating and owning valuable intellectual property in every field.

For nearly 250 years, U.S. copyright law has balanced creator’s rights with the needs of the public, creating the world’s most vibrant creative economy.

It is clear that Google (valued at $2 trillion) and OpenAI (valued at over $157 billion) are arguing for a special government exemption so they can freely exploit America’s creative and knowledge industries, despite their substantial revenues and available funds. There is no reason to weaken or eliminate the copyright protections that have helped America flourish. Not when AI companies can use our copyrighted material by simply doing what the law requires: negotiating appropriate licenses with copyright holders — just as every other industry does. Access to America’s creative catalog of films, writing, video content, and music is not a matter of national security. They do not require a government-mandated exemption from existing U.S. copyright law.

America didn’t become a global cultural powerhouse by accident. Our success stems directly from our fundamental respect for IP and copyright that rewards creative risk-taking by talented and hardworking Americans from every state and territory. For nearly 250 years, U.S. copyright law has balanced creator’s rights with the needs of the public, creating the world’s most vibrant creative economy. We recommend that the American AI Action Plan uphold existing copyright frameworks to maintain the strength of America’s creative and knowledge industries, as well as American cultural influence abroad.


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INDUSTRY INSIGHTS

Work created with the help of AI can be copyrighted

Can AI-generated content be copyrighted? According to the US Copyright Office ‘it depends’. 

AI-generated content and artwork that exhibit ‘sufficient human creativity’ may qualify for copyright protection, according to a report from the United States Copyright Office.

“When human creativity is expressed through the use of AI systems, it remains eligible for protection,” said Shira Perlmutter, Register of Copyrights and the agency’s director.

The report concludes that AI-assisted works may be fully or partially eligible for copyright if a human can “determine the expressive elements.”

Sufficient human input

Titled Copyright and Artificial Intelligence Part 2: Copyrightability, the report is the second installment in a three-part inquiry by the U.S. Copyright Office into AI and copyright.

According to the agency, “expressive elements” are present when a human modifies AI-generated output or when “human-authored work is perceptible in an AI output.”

In short, any work created by a human, using AI, can be copyrighted if there is sufficient human input into the finished work. 

Just prompting isn’t enough

The report clarifies that merely entering prompts to generate AI output does not qualify as ‘sufficient human contribution’. 

It states that the determination of authorship should be assessed on a case-by-case basis.

In 2022, Colorado-based artist Jason M. Allen was denied copyright registration of his ‘Théâtre d’Opéra Spatial’, (pictured) which he created in 2022 using the generative AI tool, Midjourney. 

Although his piece won against human artworks in a local competition, the U.S. Copyright Office ruled that the work was attributed to Midjourney, not Allen.

Allen is appealing the copyright office’s decision, arguing that the 600 Midjourney prompts he used to create his work required more than just the “bare minimal mental effort”.

The third and final installment of the report will examine the training of AI models on copyrighted materials; a practice that tens of thousands of artists have condemned as an “unjust threat to the livelihoods of the creators behind those works”. 

In summary

Can AI-generated content be copyrighted?

No, purely AI-generated content cannot be copyrighted under U.S. law. Copyright protection requires human authorship, and without ‘significant human contribution’, AI-generated material does not qualify.

How much human input makes AI-generated works copyrightable?

Human input must be significant and extend beyond simply providing prompts. If a person creatively modifies, arranges, or integrates AI-generated content into a larger work, the human-authored elements may qualify for copyright protection.