Signs of the Future: Contract Law and Artificial Intelligence.

Gareth Benson • January 12, 2024

This past week as I commence lecturing at Charles Darwin University I have been remarking on how the Actors and Screen Writers Guild #strikes shutting down Hollywood are the first signs of unrest, which may become commonplace as, we negotiate a new world with #artificialintelligence (AI). 


The further development of AI, through the advent of both streaming services and the ability now to replicate or replace actors is challenging the way content is created and reshaping the way people work in various industries, including the entertainment sector. This evolution has significant implications for contracts, bargaining, and strikes in possibly every industry.


As AI technologies advance, they have the potential to generate original content, mimic human performances, and automate certain aspects of the creative process. This raises questions about ownership, intellectual property rights, and the role of human artists and workers in the face of AI's capabilities.


#contractlaw negotiations in the entertainment industry are now grappling with issues related to AI. Key considerations include determining ownership and control over AI-generated content, defining fair compensation and residuals for actors and artists in AI-driven productions, and addressing the ethical and legal implications of AI's impact on creative output.


Bargaining power becomes crucial as artists, actors, and their representatives seek to protect their rights and ensure a fair share of the benefits derived from AI-generated content. On the other hand, studios and production companies are navigating the integration of AI technologies while addressing concerns surrounding job displacement, creative control, and financial considerations.


Strikes, such as the current writers and actors' strike, may arise as a means for artists and actors to assert their demands and negotiate for fair working conditions, compensation, and rights in the context of AI-driven productions. These strikes can serve as a catalyst for discussions and reforms in other industries, influencing the way contracts are structured and how workers are protected in the evolving landscape of AI technology.


Ultimately, the development of AI and its impact on content creation and employment necessitate ongoing dialogue, negotiation, and adaptation of contractual frameworks. The way contracts are structured, bargaining takes place, and strikes are employed will play a central role in shaping the future of AI and the working dynamics of various industries, including the entertainment sector.


As a contract lawyer and lecturer I will be monitoring this space closely, and also in how we collectively can make more efficient agreements based on sound principles of agreement. The next question: can we negotiate contracts with AI run entities? Food for thought. 💡🤖🤔

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