3 Reasons Not To Back Down On AI

Discussions around AI and its impact on various industries have become a hot topic. For the 11,500+ Hollywood writers currently on strike, the subject cannot be avoided or put off any longer.

Justine Bateman wrote a compelling Op-Ed in Newsweek that breaks it down. As a filmmaker, author, and coder with a degree from UCLA in computer science and digital media management, Bateman warns that AI has already started to displace humans, and its potential destruction for creatives cannot be ignored. She sees the Hollywood writers’ strike as the last chance to address AI effectively.

The Writer’s Guild of America is closing in on its third week on strike against the AMPTP, which represents the studios and streamers. AI has become more of a focal point as the weeks pass. Writers realize that AI software could potentially replace human screenwriters. But how can a software program write a love story when a computer has never been in love or suffered the pain of heartbreak?

Though some in the industry have pointed out that the software isn’t good enough to replace the human emotions that make our favorite films and television series so binge-worthy, improvements over time could likely fix that glitch. And then what?

Though the WGA can’t stop the development of AI, assurances could be made to guarantee basic standards of human involvement and fair pay. In the case of entertainment, Bateman says it’s being used for greed, leading to AI-written scripts and digitally-scanned actors.

In an interview with The Guardian, former Google employee Timnit Gebru discussed the dangers of AI. She claims Google fired her after she penned an academic paper on the subject; the company has stated she resigned.

Gebru is a computer scientist who specializes in artificial intelligence and warns that the vast growth in AI’s capabilities, in conjunction with the fact that many of its systems will likely be built on “a huge mess of biases, inequalities, and imbalances of power,” will impact people all over the world. And, she adds, regulation is needed.

In an email interview, Los Angeles-based entertainment and employment attorney Camron Dowlatshahi discussed AI in relation to the current Hollywood writers’ strike. Dowlatshahi is a founding partner at Mills Sadat Dowlat LLP, where he has litigated matters involving contract disputes, defamation, and trademark infringement. He’s represented both creatives and producers in Hollywood, and though he made it clear he’s neutral on the issue, he points to three reasons the WGA cannot back down on AI.

AI Technology Is Still In Its Early Development

Per Dowlatshahi, AI is still at its relatively nascent stage. So, it makes sense to implement some initial agreements on the topic. “AI is about to perform amazing feats in many industries, and Hollywood is no exception. Some of the episodic content that’s come out on the internet is intriguing.”

But he agreed AI hasn’t mastered human emotions. “AI is still not pumping out scripts that are as good or entertaining as the jokes and plotlines written by humans, which helps the WGA because if the union holds the line on demanding guard rails for AI, the AMPTP could decide they’re not giving up too much by agreeing to restrictions. They could conclude AI isn’t ready for primetime. Even so, it’s not going to be an easy fight because the AMPTP is very interested in seeing what AI can accomplish and how many millions or even billions of dollars it could save the studios.”

He added that the writers currently have the law on their side. “Copyright law right now is on the writers’ side, but who knows how long that will hold. The U.S. Copyright Office says it won’t register works generated purely by AI without any human direction of the technology. That incentivizes the studios to put people in the writers’ room with the AI. But, in the future, the Copyright Office might change how it strikes that balance, and writers could lose their advantage.”

The Focus Should Be On How AI is Used

Though the WGA can’t stop the development of AI, assurances can be made to guarantee basic standards of human involvement and fair pay. Dowlatshahi concluded that AI will inevitably be used in the creative process as a tool or a replacement for certain writing.

“The WGA has struck a great balance by emphasizing that it’s not ‘anti-technology’ and by making it clear that it’s not trying to ban AI completely,” Dowlatshahi said. “This has gained the WGA some points because it makes the union seem forward-looking to the public, giving it a lot of momentum to achieve its ultimate goal of exercising as much control as it can over how AI is used.”

Now Is The Time To Set Parameters Around AI

Dowlatshahi said it’s better to set up a framework now to avoid future strikes. “The WGA has a working group on AI, and the union’s rank-and-file members have coalesced quickly around the idea that AI is a monumental danger to their livelihoods. So, the union leadership has the backing they need to negotiate aggressively on this. One risk for the union if it waits until the next contract negotiation is that Hollywood may have become heavily reliant on AI by then, with some writers benefitting from its use and others losing out. In that situation, the WGA’s membership could be divided on AI, making it harder for the union to address the issue.”

In conclusion, Dowlatshahi believes true creativity will always require the human touch. “AI is developing at an incredible speed right now, and it’s coming to almost every aspect of our lives, from art to social media to music. But will it completely eliminate human creativity? No. Writers will have a role. And if they have a role, they’ll have a say. The AMPTP has offered to hold annual meetings with the union, focusing on the advances in AI technology. It just depends on what framework the two parties agree to uphold in a contract and how much opportunity it will provide the WGA to revisit the issue.”