And one last thing. I am writing a very long piece on the writers' and actors' strike. Because that strike is going to remake the future of art, content, creation, collaboration and copyright. It is a very, very complex paradigm disruption area. Don't get caught up in the Silverman and other copyright cases. That is the "old world". All of the institutions we assumed were immutable - copyright, the concept of creativity as property, mass media and its scale, advertising and the attention economy - are not forever. That is to say that we are going to reconsider, reinvent, reject, or replace them as our need and our opportunity present.
A few thoughts from my longer piece:
Taylor Swift’s re-recorded version of "Speak Now" came out a couple weeks back and, naturally, as you listen, you think "This song sounds like an AI-generated Taylor Swift song".
Swift has long been outspoken on how technology impacts artists. She wrote an open letter to Apple when Apple Music wasn’t paying artists during its free trial, causing the company to quickly change course; she pulled her catalog from Spotify in 2014 after asserting that artist economics on streaming were insufficient. And I expect Swift to soon be one of the first artists to issue a statement about AI-generated music.
AI songs are blowing up on TikTok—you can listen to Britney sing "Part of Your World" from "The Little Mermaid", or even The Beatles to a cover of Harry Styles’s "Watermelon Sugar". An entirely-new, surprisingly-plausible AI-generated Drake song recently went viral.
What is happening is we are moving toward "Artist" + "Genre" + "Mood" to generate a brand new song.
A similar concept might extend to other media formats. What if instead of watching Barbie this week with Margot Robbie in the title role, you’d rather watch it with Charlize Theron? Or even with a young Marilyn Monroe? Or maybe you and your friends want to watch "The Avengers" starring ... well, your own friend group. AI will be able to power these experiences.
This has interesting repercussions for an artist’s name and likeness. I doubt artists like Swift will allow their voice to be used in AI-generated songs—unless they profit handsomely. Companies like Authentic Brands have built sizable businesses out of acquiring celebrity likeness rights — Muhammad Ali, Elvis Presley, Marilyn Monroe. Those likenesses might become more valuable in a generative AI-powered world. The estates of late artists like Michael Jackson and Whitney Houston might consider putting out new albums "sung" by those artists. Things are about to get ... well, confusing.
There’s an episode in the new "Black Mirror" season that centers around actress Salma Hayek, who plays herself. In the episode, Hayek is upset because she had sold her likeness to a Netflix-like streaming service, and the service is using her likeness in inappropriate ways. Hayek simply licenses out her image and gets paid handsomely in return; AI creates the TV show using her likeness. If you squint, you can see this as the future of movie stardom - a far more scalable, economical way to create content and to squeeze money out of celebrity.
This seems far off. It is not. The ongoing actors strike in Hollywood positions AI as a key issue: actors are worried about studios using their likeness. In a statement about the strike, the Alliance of Motion Picture and Television Producers (AMPTP) said that its proposal included "a groundbreaking AI proposal that protects actors’ digital likenesses for SAG-AFTRA members". The response from the Screen Actor Guild’s top negotiator didn’t mince words:
"This 'groundbreaking' AI proposal that they gave us yesterday, they proposed that our background performers should be able to be scanned, get one day’s pay, and their companies should own that scan, their image, their likeness and should be able to use it for the rest of eternity on any project they want, with no consent and no compensation. So if you think that’s a groundbreaking proposal, I suggest you think again".
Yikes.
It’s fascinating that these are questions we’re already grappling with in 2023. They’re only to get more nuanced and complex; that "Black Mirror" plot-line might not be fiction for long.
Over the past decade, as more content has flooded the internet, IP has become more valuable. This is why Disney scooped up Pixar, Marvel, Lucasfilm, and Fox under Bob Iger’s first reign, and it’s why Warner Bros is financing a Barbie movie. It’s also why there are some seriously ridiculous bits of IP-fueled content out there: Eva Longoria recently directed a Cheetos drama called “Flamin’ Hot” and Jerry Seinfeld is at work on “Unfrosted: The Pop-Tart Story.” (Mattel also has movies in the works on Hot Wheels, Uno, Barney, Polly Pocket, Rock ‘Em Sock ‘Em Robots, and Magic 8 Ball. Brace yourself).
Generative AI will fuel another explosion of content, meaning that any prior IP-related name recognition will become only more critical to breaking through a sea of noise. Expect many more IP-fueled movies and shows, and many more battles over image and likeness rights.
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