AI: Can Actors and Studios Reach a Deal?

The AI era is here, whether or not we saw it coming. Is it possible to strike a balance that protects talent without stifling technological innovation? While many of the hardcore AI tech firms would have us believe replacement is the only AI future, keen to push their products to market prominence fast, SAG-AFTRA have switched to a different approach- augmentation, not replacement. Is that truly the meeting point where actors keen to protect their roles and studios enslaved by the need to post ever-increasing profits can find common ground? Our local expert and entertainment lawyer Los Angeles from Blake & Wang P.A, Brandon Blake, tackles this thorny issue in more depth.

                                                               Brandon Blake

Deep Fakes and De-Aging: A Surprising Rallying Point

While the AI controversy may have only hit headlines in the past few months, the issue of ‘deep fakes’- video convincingly made to look like part of a specific IP reimagined, or to place an actor into a scene in ways they cannot realistically do- have been around a lot longer, albeit mostly for some humor or lighthearted takes on fan favorites. And they may just provide an interesting use-case for constructive, instead of destructive, AI integration into the wider acting world.

 

While it’s easier to see how AI can directly impact writers- hence one of the major sticking points in the current WGA strike- it has a frightening potential when applied to the wider cinematographic world. From altering the age of actors and inserting ‘props’ into scenes without the need to actually construct them, right through to touchips and lighting corrections, ‘assistive computing’ and AI has a ton of potential to augment the traditional entertainment industry. We’ve already seen some low-key, but reasonably convincing, options at smartphone level, too, so it’s not just a theoretical application.

Image Control, Magnified

This raises a ton of questions about an actor’s control of their own image, however. Talent already ‘gives up’ a lot of personal control when joining a project. It’s certainly possible to imagine how AI could ape existing institutions, like nudity waivers and body doubles. And we have already seen actors negotiate approvals on issues like photo touch ups. The question is where the line will be drawn.

 

And there’s another sticking point- AI ‘training’. Reps and Entertainment law firms no doubt have a broad path ahead to protect clients after projects wrap and to prevent the ‘theft’ of their digital avatars. On the flip side, we have easier dubbing and retakes and greater flexibility to take on multiple projects.

 

The eventual answer, of course, will come down to bargaining and regulation. For now, the question of how far is too far is somewhat blurred by the hype around AI and the push to put it to (cost-cutting) use. But the technology itself is not antithetical to talent, it simply needs to be well-managed and thoughtfully deployed. If the conversation stays human-centered, with informed consent and fair compensation, all parties could win. Now we simply have to get to that point.