Challenges and Power Dynamics in AI-Driven Entertainment and Media
Last year, Universal Music Group (UMG) and major labels sued two AI music startups for training their systems on copyrighted recordings without permission. Subsequently, UMG announced a deal with defendant Udio to build an AI music platform, with assurances to protect artists' interests. Advocacy groups, however, warn that partnerships between large content companies and tech firms often marginalize artists despite collaborative rhetoric.
US courts are currently addressing the complex issue of copyright in relation to AI training, with early class-action lawsuits such as Andersen v Stability AI alleging the unauthorized use of artists’ works without credit, compensation, or consent. A 2024 Society of Authors survey found more than one-third of illustrators have lost income to AI, while a study projects a 21% revenue decrease for audiovisual creators by 2028, highlighting the displacement of creative labor by generative AI.
The Human Artistry Campaign has emerged as an industry effort to unite stakeholders and advocate for legislation to protect artists from the impacts of AI and big tech, emphasizing that AI cannot replace human expression. Licensing arrangements and lawsuits may further consolidate power for large content and technology entities; examples include debates over Runway-Lionsgate licensing and reports of authors receiving neither compensation nor opting out of AI training.
Even if courts mandate pay-for-training-data schemes, this might not benefit working artists, as licensing regimes could pressure them to relinquish training rights as employment conditions. Instances include voice actors being asked to sign such contracts, while smaller open-source developers may lack resources to comply.
Legislatively, the NO FAKES Act aims to establish a federal digital replication right to regulate deepfakes. However, civil liberties groups like the Center for Democracy and Technology and the ACLU criticize the act's vague language and potential for abuse, noting it permits licensing or transfer of digital replica rights for up to ten years (five years for children).
The Copyright Alliance, representing major studios such as Paramount, NBC Universal, Disney, and Warner Bros through board members, advocates for strong copyright protections. Additionally, unions including the Writers Guild and SAG-AFTRA have secured AI-related protections through strikes, indicating that organized labor may empower artists to challenge the dominance of big content companies in this evolving landscape.
