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Lisa Oratz has been practicing law for over 30 years in the areas of technology, intellectual property, and entertainment law; she is the co-lead of the Film & Television industry group.

In the fall of 2023, the Writers Guild of America (WGA) and the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) each ratified new agreements, amending and building upon their collective bargaining agreements with the Alliance of Motion Picture and Television Producers (AMPTP). The WGA, a union that represents film and TV writers, and SAG-AFTRA, a union that represents actors and performers, sought to protect their members from replacement by generative and non-generative artificial intelligence (AI). These negotiations followed months of strikes from both organizations that effectively halted the making of movies and TV shows for much of 2023. These new agreements take somewhat different approaches—in part because of the nature of what each union is trying to protect—a member’s voice and likeness for SAG-AFTRA vs. written content for WGA. But both agreements contain provisions aimed at protecting the jobs and income of their members. This blog post will provide an overview of key AI provisions in both agreements and how they will apply to the writers, performers, and producers covered by these guild agreements.Continue Reading Generative AI in Movies and TV: How the 2023 SAG-AFTRA and WGA Contracts Address Generative AI

2023 was a breakout year for generative artificial intelligence (AI), but it was a rough year for protecting the content generated using such technology. The U.S. Copyright Office issued several rulings last year on the question of when works generated using AI technology are protected under U.S. copyright law, and so far, applicants have not been able to convince the Copyright Office that the AI-generated components of their works are protectable.Continue Reading Human Authorship Requirement Continues To Pose Difficulties for AI-Generated Works

The last few months have seen a flurry of activity in cases involving artificial intelligence (AI), including some of the first major rulings involving generative AI. 

Andersen et al. v. Stability AI Ltd.

As we have previously discussed, this case arose in January 2023, when a collective of artists filed a class action lawsuit involving three AI-powered image generation tools that produce images in response to text inputs: Stable Diffusion (developed by Stability AI), Midjourney (developed by Midjourney), and DreamUp (developed by DeviantArt). The plaintiffs asserted that the models powering these tools were trained using copyrighted images scraped from the internet (including their copyrighted works) without consent. The defendants filed motions to dismiss, and the U.S. District Court for the Northern District of California recently issued a ruling on these motions. The court dismissed most of the plaintiffs’ claims, with only one plaintiff’s direct copyright infringement claim against Stability AI surviving. The court granted leave to amend the complaint on most counts, and the plaintiffs have since filed an amended complaint.Continue Reading Recent Rulings in AI Copyright Lawsuits Shed Some Light, but Leave Many Questions

We’re happy to make available to Age of Disruption readers part two of our three-part series on key legal issues surrounding generative artificial intelligence (AI).     

As the quality of generative AI tools has soared, copyright and other intellectual property issues raised by such tools have attracted increased attention. Some artists, creators, and performers, fearing

There have been two important developments in recent weeks regarding the U.S. Copyright Office’s position on registering works created by the use of artificial intelligence technology. First, on February 21, the Copyright Office issued its much-anticipated decision regarding the registration of a graphic novel by artist Kristina Kashtanova that included images generated using the AI

Uncertainty continues as to whether and to what extent artificial intelligence-generated works can be protected by copyright under U.S. law. The U.S. Copyright Office recently raised the hopes of artists who use generative AI by agreeing to register the copyright in a graphic novel titled Zarya of the Dawn, whose author used the AI tool Midjourney to generate its images. However, the Copyright Office quickly reversed course and notified the applicant that it may cancel the registration because it was not aware that the images were computer-generated. The Copyright Office asked the artist to provide details of her creative process to show “substantial human involvement” in the process of creating the graphic novel.Continue Reading A New Generation of Legal Issues Part 1:The Latest Chapter in Copyrightability of AI-Generated Works