The introduction of Tilly Norwood, an AI-generated actor, has sparked major concern across Hollywood and the entertainment industry as the AI actor is seeking talent agent representation. The debate raises fundamental questions about IP rights, ownership, and the future of performers in Hollywood. How will AI affect one of the oldest forms of art?
SAG-AFTRA: The 2023 Actors Strike
In July 2023, SAG-AFTRA went on a record long strike of 118 days over a dispute with the Alliance of Motion Pictures and Television Producers (AMPTP). This strike began approximately two months after the Writers Guild of America (WGA) went on strike.
As both unions halted work, there was a standstill across the film industry. At the top of mind for both unions was growing concerns over the studios interest in utilizing new technologies, specifically artificial intelligence. For writers and performers alike, AI threatens the human touch of this creative medium and their livelihoods. For studios, embracing AI technology meant conserving production costs. SAG-AFTRA’s response to the AMPTP was to create stricter guidelines for AI use, which includes permissions and proper compensation if an actor’s likeness will be used across multiple projects. When the historic SAG-AFTRA strike came to an end, it included creating protections for actors in the face of rising AI application.
The Newest AI Fear: Tilly Norwood
Two years after these strikes concluded, SAG-AFTRA and the world have come face to face with Tilly Norwood. Tilly is an AI generated actor, created by Xicoia, the AI division of the production company Particle6. The goal of using Tilly is to cut costs for film productions and create a new type of celebrity.
The news of Tilly alarmed performers and sparked controversy, raising questions regarding the direction of the film industry and their professions if AI generated actors continue to grow in popularity. Newly elected SAG-AFTRA President, Sean Astin, is facing this matter head on. While Particle6 is looking to get Tilly signed to a talent agency, SAG-AFTRA is in talks with the Association of Talent Agents to negotiate their agreement. Representation of the AI actor will be at the forefront of these conversations, as SAG-AFTRA continues to focus on protecting their actors.
Protecting Performers and Shaping the Future
The entertainment industry is facing an inevitable change and working proactively to protect the creative minds and artists will be essential for Hollywood. Like any new technology, Hollywood will need to embrace emerging AI technologies, but will also need to protect the rights of performers.
Projects being developed through studios go through rigorous processes for approvals and negotiations with their talent. AI generated actors could potentially permit studios to create new content without negotiating fresh contracts or paying additional fees. This unpredictability for the future of AI generated actors creates fear among performers in an already competitive landscape.
Actors can protect themselves by seeking representation to negotiate contract provisions around likeness use and AI replication. Actors need to protect their publicity rights, whether through the union or private agreements.
Production companies and studios can be transparent with their use of AI, by creating models for how AI will be utilized. Creating trust with their talent is essential for good faith and continuing to foster long-lasting relationships.
The law itself is an everchanging landscape, and with the creation of new technologies, lawmakers will need to continue to update intellectual property policy and labor laws to address the new innovations.
Conclusion
AI is not going anywhere, and Tilly Norwood’s introduction to Hollywood is only the beginning. Intellectual property, likeness rights, and the fundamental role of actors in storytelling are at stake, and it is important that creative individuals and companies take the proper steps to protect themselves while maximally leveraging this new technology.
If you are a performer concerned about how AI may impact your career, or a studio navigating the use of AI in productions, our entertainment attorneys can help you understand your rights and obligations in this shifting legal landscape. Contact us today to discuss your rights and protect your legacy.
Contribution to this blog by Samantha Lori Glass.
