Attorney Daniel Gutenplan explains the Hollywood writers strike and the impact AI will have on the industry
The legal expert predicts screenwriters will have to make concessions, but he also doesn’t believe AI is here to replace the human aspect of moviemaking completely.
Netflix is facing backlash from Hollywood actors and writers on strike after posting a Machine Learning product manager role that would pay up to $900,000 as the film industry continues to debate the role of artificial intelligence (AI) in moviemaking.
The Writers Guild of America (WGA) and the Screen Actors Guild (SAG-AFTRA) have repeatedly voiced concerns to the Alliance of Motion Picture and Television Producers (AMPTP) about a lack of compensation and protections related to AI.
Comedian and actor Rob Delaney, who recently starred in an episode of "Black Mirror" that focused on using AI to replicate actors' performances, criticized the hefty salary of the new Netflix position while speaking to The Intercept.
"So $900k/yr per soldier in their godless AI army when that amount of earnings could qualify thirty-five actors and their families for SAG-AFTRA health insurance is just ghoulish," he said. "Having been poor and rich in this business, I can assure you there's enough money to go around; it's just about priorities."
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Actor Daniel Dae Kim joins the picket line to show his support for the SAG-AFTRA and WGA strikes. (John Lamparski/Getty Images)
Elizabeth Benjamin, a longtime Hollywood writer behind shows such as "13 Reasons Why" and "Bones," also slammed Netflix's AI role.
"Cue vomit. This turns my stomach. Stay strong comrades. The future of humanity hinges on our ability to preserve humanity. #AI Netflix lists two massive-salary jobs in face of actors' AI concerns," she wrote on social media.
Other Hollywood writers similarly expressed disappointment in the recent job listing.
"What the absolute f***? And they don't pay most actors enough to qualify for health insurance. F*** these guys," writer Jorge A. Reyes tweeted.
"Talk about tone deafness, FFS!" "The Equalizer" writer Christopher Derrick chimed in.
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Vanessa Hudgens holds a sign picket line in support of the SAG-AFTRA and WGA strikes. (Hollywood To You/Star Max/GC Images)
Actress and producer Dalila Ali Rajah hypothesized that "studios have already been using AI and probably some unethical ways because regulations are not in place and what we are asking for will cost them money on s—t they've ALREADY done but haven't released."
Speaking with Fox News Digital, legal expert and EPG Lawyers Partner Daniel Gutenplan said Hollywood writers on strike want assurances that AI will not be used in any capacity for writing or rewriting without their consent.
Two of the significant concessions the WGA wants have already been achieved by the Directors Guild of America (DGA). These concessions make it so that studios can only use AI in the creative process after first speaking to the head of the guild or other representatives. They also want to convene twice yearly to discuss the latest and greatest in AI and how it will impact the industry.
The AMPTP noted that the current WGA Agreement already defines a "writer" to exclude any "corporate or impersonal purveyor" of literary material, meaning that only a "person" can be considered a writer and enjoy the terms and conditions of the Basic Agreement. For example, AI-generated material would not be eligible for writing credit.
According to the AMPTP, "the producers agreed to establish a comprehensive set of provisions that require informed consent and fair compensation when a ‘digital replica' is made of a performer, or when the performer’s voice, likeness, or performance will be substantially changed using AI.
The union did not respond to the producers’ last counter regarding AI.
Gutenplan noted that AI has the potential to impact "every aspect" of filmmaking, including editing, budgeting, coloring, visual design, post-production and even writing and conducting movie scores.
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Hollywood's writers, actors strike outside of Warner Bros on July 20, 2023. (Fox News Photo/Joshua Comins)
"AI, it's a moving target, and it's exciting in a lot of ways, but it's also candidly dangerous, especially for the talent themselves," he added.
The new Netflix role has a salary range of $300,000 to $900,000.
In the role, the AI product manager will "define the strategic vision for Machine Learning platform (MLP), objectives, key results and success metrics," help to ensure "product success," create new programs around "user education," and understand user needs from AI practitioners and application engineers across Netflix.
Some required skills and qualifications include "extensive experience" working with Machine Learning platforms, a "high degree of technical understanding," and leadership experience working with engineers, data scientists and more.
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Netflix declined to comment for this story.
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