AI Risks Are Catastrophic for Producers Without Clear Guidelines on the Use of Actor Likenesses and

AI Risks Are Catastrophic for Producers Without Clear Guidelines on the Use of Actor Likenesses and Voices

for both actors and producers comprehensive AI regulations and mutual understanding are crucial

In an industry increasingly driven by technology, failing to provide actors with firm, consistent control over the use of their likenesses and voices can have dire consequences for producers. The absence of clear frameworks governing the utilization of actors’ images and sound creates uncertainty, not only for the actors themselves but also for the production teams. The need for a transparent and usable framework surrounding the use of actors’ voices and likenesses is paramount for the success of future film and television projects.

The unregulated use of artificial intelligence (AI) technology can strip actors of their agency, reducing them to mere pixels or data points, detached from their original intentions and artistic contributions. The absence of regulations surrounding the use of actors’ images and sounds also opens the door to potential exploitation, such as associating actors with causes or beliefs they do not endorse. There is a risk of actors being placed in projects they never agreed to or being portrayed in ways they vehemently disagree with.

This lack of control over their own images and voices can lead to serious harm to their personal and professional reputations. It is untenable and could lead actors and their representatives to refuse all bookings unless and until real, meaningful and clear guardrails around actors’ consent and participation are established as part of the Collective Bargaining Agreements (CBAs)/Master Basic Agreements (MBAs) between unions and producers.

Producers, alongside everyone involved in the industry, require clear guidelines regarding what can and cannot be done with individuals’ voices and likenesses. Without such clarity, producers find themselves navigating treacherous terrain, exposed to potential lawsuits that could jeopardize their entire enterprise. Some producers, wary of the legal ramifications, already have chosen to abstain from employing scanning or artificial intelligence (AI) technologies in their projects until comprehensive regulations are in place.

Producers must recognize that the ethical and legal implications of mishandling actors’ likenesses and voices cannot be cavalierly overlooked without consequence. Recent defamation lawsuits have resulted in substantial financial judgments, and the sheer cost of defending such suits alone has the potential to exhaust or obliterate profits earned from productions. They have been severe enough to bankrupt entire entities. The surge in high profile defamation-related litigation highlights alarming financial risks faced by productions in going forward without having safeguards for the use of visual and auditory representations of actors negotiated in advance.

Cogent options, for both sides, make things reasonable, feasible and possible, for both sides.

Contract terms need to address these matters including the limited and specific scope of what can be used and to what extent, along with consistent and intelligible penalties for violations of these provisions. This benefits actors, since their likenesses and voices will only be used as they consent for them to be and they’ll participate with compensation, but this also gives the producers a predictable and ordered way to proceed with the use of performers’ visuals and vocalizations without risking legal snags that jeopardize them and land them in court.

The transactional costs of negotiating each project’s policies à la carte with each performer are further prohibitive and unfeasible for both productions to undertake, and for the legal system to smoothly accommodate. Incorporation into the Collective Bargaining Agreements (CBAs)/Master Basic Agreements (MBAs) between unions and producers avoids this redundant renegotiating of every single deal point with every new hire.

The implications of legal actions beyond defamation (for example rights to publicity) extend risks beyond financial strain with their own potential consequences bankrupting companies and producers. Operating without proper legal measures in place is an imprudent endeavor at best and sharp existential threat for producers at worst. This further demonstrates the essential need for a robust legal infrastructure to protect both production and actors.

Lack of these provisions poses grave risk to producers, actors, actors’ representatives and technological progress as well; the whole ecosystem of entertainment hangs in the balance.

Fostering a culture of compliance with a framework (which as of now has not yet been built nor agreed upon), adopting stringent policies, adhering to them and establishing proper channels for legal review and risk assessment are what is needed to manage these risks of production for all sides. Together they are a bulwark against producers leaving themselves vulnerable to legal entanglements that can inflict irreparable damage on their reputation, finances, and overall existence. Avoiding the creation of agreements around artificial intelligence (AI) and the use of the voice and appearance of actors is a mistake.

Reasonable regulation and expectations surrounding the use of actors’ images and sounds are vital for the flourishing of the film and television industry. A reality must be established in which actors’ voices and likenesses cannot be extracted and utilized without their explicit permission or participation. Simultaneously, producers must be equipped with well-defined, written guidelines to ensure they can safely utilize actors’ work without incurring liability.

Avoiding the creation of agreements around AI and the use of the voice and appearance of actors is a mistake.

The risks associated with neglecting to address the implications of artificial intelligence (AI) in the realm of film and TV production far outweigh any potential cost savings that may be achieved by reducing human involvement. While the allure of streamlined processes and reduced expenses may tempt some producers to embrace AI-driven solutions, the lack of clear rules and oversight in this realm poses significant dangers that must first be solved. These risks can only be mitigated by the wide adoption of clear procedures and processes allowing everyone to know where they, their business and their property stand in all phases of production and distribution.

Industry-wide adoption of comprehensive regulations, accompanied by a robust framework, are vital safeguards for the interests of both actors and producers. It is only through these measures that the film and television industry can confidently navigate the evolving landscape of AI while preserving the rights and integrity of its creative contributors.

Reasonable regulation and expectations surrounding the use of actors’ images and sounds are vital for the flourishing of the film and television industry.

As the industry moves forward, it is critical for stakeholders to collaborate and establish guidelines now that strike a balance between technological advancements and the protection of artistic and personal rights. Only then can producers and actors alike embark on successful collaborations, knowing that their contributions will be respected and that their professional endeavors will thrive in a sustainable and responsible manner.

© Copyright May 16, 2023, David August, all rights reserved davidaugust.com

Thanks to Julia Irzyk of The Library Agency, Scott Ganyo, James McMann and more for giving feedback on an earlier draft of this article.

David August is an award-winning actor, acting coach, writer, director, and producer. He plays a role in the movie Dependent’s Day, and after its theatrical run, it’s now out on Amazon. He has appeared on Jimmy Kimmel Live on ABC, on the TV show Ghost Town, and many others. His artwork has been used by multiple writers, filmmakers, theatre practitioners, and others to express visually. Off-screen, he has worked at ad agencies, start-ups, production companies, and major studios, helping them tell stories their customers and clients adore. He has guest lectured at USC’s Marshall School of Business about the Internet.

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