Artificial intelligence (AI) innovations have dramatically reshaped numerous industries over the past decade, with the media and entertainment sector being prominently influenced. Triggered by advances in generative AI (GenAI), novel tools have emerged, offering creative solutions that barely require human involvement. Legal professionals within this space need to keep abreast of these changes and the resulting legal challenges. In light of this, here are some key legal considerations that are emerging from this GenAI revolution.
Generative AI systems like ChatGPT, Github Copilot, DALL-E, HarmonAI and Runway, are reaching record use levels. It is reported that ChatGPT reached 100 million monthly active users just a couple of months after its launch. These tools generate content ranging from computer code, images, songs, to videos, transforming the digital content landscape.
Thus, it is crucial for professional service providers within media and entertainment, particularly legal teams, to familiarize themselves with these AI tools, but also with the legal implications that their use brings. For instance, who owns the intellectual property (IP) generated from such technology? Currently, US courts consider AI as a tool rather than a legal entity. Subsequently, the person or company who owns the AI tool also owns the IP rights to the content generated by that AI. However, the extent of these IP rights are far from definitive and as these technologies evolve, so will the legal debates around this matter.
Moreover, data privacy issues are worthy of attention. Many generative AI tools require large amounts of data for optimal performance. This can sometimes involve personal user data, thus raising legal considerations around the protection of this data in accordance with privacy laws, such as the General Data Protection Regulation (GDPR) in the European Union. With data breaches becoming more frequent, media and entertainment companies should include data protection measures in their legal strategies and contracts, particularly ensuring that AI companies have robust security protocols in place.
Lastly, issues around content moderation and potential misuse of these tools arise. These AI tools, in the wrong hands, can be used to create deepfakes or other misleading content. This issue is particularly contentious in the media and entertainment industry, highlighting the need for robust content moderation strategies and policies to prevent potential misuse and legal fallout.
To sum up, the advancement of generative AI in the media and entertainment industry raises a plethora of legal considerations, pushing legal professionals to understand and stay updated on the constantly evolving technology and regulations. This article provides just a snapshot of the challenging legal landscape that the rise of generative AI presents. Nonetheless, the onus is on legal minds in these industries to familiarize themselves with these challenges and prepare accordingly.