“Harms of Unlicensed Training” – SAG-AFTRA, WGA & AFM Urge Judge to Reject OpenAI’s Fair Use Exemption


Credits: Imago

Hollywood has survived killer robots, alien invasions, and endless superhero reboots. Now, its latest showdown swaps laser cannons for legal briefs. Writers, actors, and musicians fear that AI companies could use their work to build systems without asking permission or paying them.

On October 29, SAG-AFTRA, both Writers Guild of America branches, and the American Federation of Musicians joined the copyright fight against OpenAI. Their message to a federal judge? Do not give AI training a blanket fair use pass.

Apparently, even the algorithm has to answer to the credits department.

Entertainment unions challenge OpenAI’s fair use defense

The unions have submitted a 34-page amicus brief in a consolidated copyright lawsuit involving OpenAI, publishers, and authors. The filing represents more than 250,000 entertainment and media workers (via Deadline).

“The harms of unlicensed training fall not just on companies like the News Plaintiffs, but on the countless professionals behind the work,” the brief states.

Logos displayed on smartphones in China – 11 Nov 2023 In this photo illustration, the American comic book publishing company DC Comics logo seen displayed on a smartphone with an Artificial intelligence (AI) chip and symbol in the background. China Copyright: xBudrulxChukrutx xSOPAxImagesx BC_2023StudioAI_3283

The unions argue that permitting broad use of copyrighted material for AI training could shift enormous economic value from creative workers toward technology companies. They describe a scenario in which scripts, performances, and compositions help power commercial products while the creators receive no compensation.

At the center of the dispute is fair use, a copyright doctrine that courts assess by considering factors such as purpose, amount copied, and market effects. The unions want judges to examine the circumstances of AI training rather than declare the practice automatically protected.

While the unions fight OpenAI in court, Hollywood is simultaneously putting the company’s story on screen.

Andrew Garfield portrays Sam Altman in Artificial

Director Luca Guadagnino is turning Silicon Valley’s most combustible boardroom drama into Artificial, a comedy-drama written by Simon Rich. Andrew Garfield plays OpenAI CEO Sam Altman, while Yura Borisov portrays co-founder Ilya Sutskever.

Credits: Imago

The film follows the evolution of artificial intelligence research before reaching November 2023, when OpenAI’s board removed Altman and reinstated him five days later. Corporate power struggles apparently needed their own cinematic universe.

Monica Barbaro plays Mira Murati, Ike Barinholtz portrays Elon Musk, and Mark Rylance appears as AI researcher Geoffrey Hinton. Cooper Hoffman, Jason Schwartzman, and Chris O’Dowd also feature. One AI controversy is unfolding in federal court. Another is headed for multiplexes.

What do you think about the unions’ concerns over AI training? Let us know in the comments.



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