Revolutionising Hollywood: The WGA Strike, AI Challenges, and the Battle for Sustainable Creativity
Jiayin Zhou
This article will delve deeper into the origins of labour tensions, creative self-governance, and the significance of sustainable art in the AI era, and the potential repercussions of the strike on forthcoming contracts in the entertainment industry.
https://www.thetribune.ca/a-e/after-a-146-day-strike-the-writers-guild-of-america-has-struck-a-deal-with-the-amptp-03102023/
“That’s what this strike is about, at least for me. I don’t need a cut of Netflix executives’ stock compensation. What I need—what I demand—is that they treat me and the people I love as though our lives and labor are every bit as significant as theirs.”[1]
(Ron Currie, writer)
May 2, 2023, marked a pivotal moment as 11,500 TV and film writers united in a resounding strike across the United States after failed contract negotiations with studios, streaming services and networks. This revolt sent shockwaves through the entertainment industry. This walkout by the Writers Guild of America (WGA) is reminiscent of the 2007 strike that endured a staggering 100 days—however, the reasons prompting this most recent protest are radically different.[2]
The Gradual Erosion of the Entertainment Industry by Big Corporations
A member of the WGA's negotiating committee stated, "We only walk when we feel like we are facing an existential crisis and like something significant has happened."[3] Entertainment companies, which had initially emphasised their commitment to "the long-term health and stability of the industry,"[4] are now grappling with a swiftly evolving landscape as viewership for network and cable television experiences a significant decline. Since the last WGA strike, the industry has been transformed by the scale and rapid pace of advancements in technologies, user accessibility, and content expansion. This has given rise to an entirely new array of social, legal, and ethical considerations.
Despite the surge in television production in recent years,[5] writers contend that the streaming era has corroded their working conditions and caused their wages to stagnate, both of which can be largely attributed to Disney, Amazon and Netflix.[6] WGA statistics reveal that currently, half of TV series writers are working at minimum salary levels, in contrast to one-third during the 2013 to 2014 season.[7] Netflix introduced and, in certain instances, spearheaded streaming-era practices that writers argue have rendered their profession unsustainable.[8]An occupation that was inherently precarious, contingent on audience preferences and the caprices of rotating sets of network executives, has now become even more unstable.
Copyright, Creative Autonomy and the Meaning of Sustainable Art in the Age of AI
Another main concern revolves around implementing substantial restrictions on the utilisation of artificial intelligence to preserve the fundamental essence of humanity in creative work.[9] Some of the followings are key concerns identified by the WGA:
If large language models (LLMs) and AI-driven products utilise copyrighted material to generate scripts, a crucial question arises: Will the copyright owner be duly acknowledged, compensated, and granted the authority to deny usage? [10]
In the event of replicating a performer's likeness—encompassing facial features, body movements, mannerisms, speech patterns, and voice—how will the performer be remunerated or granted the ability to provide consent or refusal? [11]
How should we assess the “purpose and character” of using copyrighted works to train an AI model in light of the recent U.S. Supreme Court’s rulings in Google v. Oracle America and Andy Warhol Foundation v. Goldsmith? What specific use should be examined, and do different stages of training—like pre-training and fine-tuning—raise distinct considerations under the first fair use factor? [12]
The enduring clash between automation and labour is a familiar one, but the unique aspect of this debate lies in the unprecedented threat posed to creative work by emerging technologies. Compounded by legal complexities surrounding copyright and appropriation, generative AI content often falls short of meeting the originality requirement for copyright. In fact, renowned authors and their representatives initiated multiple copyright infringement lawsuits with the objective of preventing their works from being incorporated into commercial AI algorithms.[13]
The advent of AI carries implications for writers in the workplace, but it transcends mere labour concerns. A culture sustained solely by recycling existing ideas remains stagnant. In order to progress and evolve, we require innovation, experimentation, and, inevitably, the occasional failure. The logical outcome of an entertainment industry driven by algorithmic suggestions like "more of what you just watched" is a popular culture that remains static.
Perhaps, in the future, AI will achieve genuine invention. It's also conceivable that the concept of "invention" for advanced AI may differ radically from our conventional understanding—it could be astonishing, bizarre, or even incomprehensible. At that juncture, a comprehensive discussion will unfold about the true nature of "creativity" and whether it is inherently confined to human capacities. However, the ability to craft a story that surprises, challenges, frustrates, and uncovers novel ideas still remains distinctly human. The question of whether we prioritise and value this human touch over an infinite supply of dependable, but merely satisfactory, options is, for now, a decision within our control.
Fair Policies and the Future of Hollywood
While major corporations currently hold a monopoly in the market, there is still the potential for change. Indeed, the current composition of the industry is relatively new: “We’re transitioning from a period of rapid investment and competition that brought about new and diverse content to a monopolistic model that will concentrate control over entertainment programming in the hands of just a few large and powerful corporations,” says Laura Blum-Smith, WGAW Research & Public Policy Director. [14] Disney, Amazon, and Netflix established dominance in the market through acquisitions, manipulating control over interconnected markets, and employing competitive underpricing strategies.[15] Presently, these three corporations are positioned to become predominant media gatekeepers, meeting Wall Street's persistent push for consolidation through a continuous cycle of mergers and acquisitions.[16] It is therefore crucial for antitrust agencies and lawmakers to intervene and encourage a media landscape that is more diverse and less concentrated.
Writers offer two broad approaches for solutions. Firstly, they seek to prevent tools like ChatGPT from directly crafting or receiving credit for a script. Secondly, they aim to establish limitations regarding source material.[17] Essentially, writers are requesting that studios establish safeguards to prevent their replacement by AI, as well as prohibit training AI with the writers' work. Writers are also demanding that their work not be used to enhance AI-generated scripts at significantly reduced pay rates compared to their previous earnings.
Enabling screenwriters to sustain a stable career is undeniably the most strategic investment the industry can undertake. After all, the imaginative prowess of writers serves as the fundamental wellspring for movies and shows that generate substantial revenue for their parent companies. Preserving this fount of creativity necessitates guaranteeing that writers have the financial freedom to pursue their craft without feeling pressured to seek other jobs whenever opportunities dwindle.
The WGA's struggle extends beyond securing employment for writers; it is about preserving the overall health of the ecosystem essential for the industry's functioning. This diverse ecosystem ensures a continual supply of high-quality films and television for audiences globally. The ramifications of the strike are poised to bring about enduring changes that could significantly reshape the methods of producing, consuming, and monetizing entertainment content in the future.[18] The profound impacts will extend to both the consumer experience and the economic landscape, reflecting the core of the ongoing conflict.
Although much of the debate focuses on the adverse effects of using AI and automation, writers have also noted how these tools offer enhanced efficiencies. Some argue that, instead of reducing employment opportunities, AI has the potential to elevate lower-paying jobs to higher-paying roles. According to Sander van’t Noordende, CEO of talent company Randstad, companies will pay more for roles that add significant value, as AI allows employees to use their time more efficiently and focus on high-value tasks, ultimately benefiting both individuals and companies.[19]
In a more optimistic perspective, this strike and the associated discussions have the potential to bring about positive outcomes for the entire media and entertainment ecosystem. This process prompts a re-evaluation of strategies that can lead to a conclusion that is mutually acceptable and, crucially, sustainable for all stakeholders.
Jiayin is a 1L Law student at McGill interested in Entertainment and Intellectual Property law. Before law school, she graduated from Marianopolis College with a degree in Health Science. A heartfelt appreciation goes to Kendra Wong for her invaluable assistance throughout the editing phase.
[1] Ron Currie, “I’m on Strike With the W.G.A. I Owe My Father at Least That Much”, The New York Times (1 June 2023), online: <www.nytimes.com/ca>.
[2] Josh Ocampo, “Hollywood’s Latest Cliffhanger, Explained”, The New York Times (10 May 2023), online: <www.nytimes.com/ca>.
[3] Ibid.
[4] John Koblin & Brooks Barnes, “Hollywood Writers Go on Strike, Halting Production”, The New York Times (1 May 2023), online: <www.nytimes.com/ca>.
[5] See e.g. Nielsen, “Streaming grabs a record 38.7% of total TV usage in July, with acquired titles outpacing new originals” (August 2023), online: <nielsen.com> [perma.cc/GR2E-R2YP].
[6] See Writers Guild of America West, The New Gatekeepers: How Disney, Amazon, and Netflix Will Take Over Media (Los Angeles: The Writers Guild of America West, 2023).
[7] Lisa Richwine & Rollo Ross, “'No writers. No TV': Hollywood scribes strike over pay”, Reuters (3 May 2023), online: <www.reuters.com>.
[8] Brooks Barnes & Nicole Sperling, “Outside Hollywood Studios, Writers Make Their Case”, The New York Times (3 May 2023), online: <www.nytimes.com/ca>.
[9] Virginia Tech, “Hollywood writers strike: AI concerns, industry consequences”, Newswise (9 May 2023), online:<www.newswise.com>.
[10] See Laura Blum-Smith, Erica Knox and Lowell Peterson, “Writers Guild of America West and Writers Guild of America East Comment On USCO Notice of Inquiry on Copyright & Artificial Intelligence” (August 2023).
[11] Ibid.
[12] Ibid.
[13] Alexandra Alter & Elizabeth A. Harris, “Franzen, Grisham and Other Prominent Authors Sue OpenAI”, The New York Times (20 September 2023), online: <www.nytimes.com/ca>.
[14] Writers Guild of America West, News Release, “WGA West Antitrust Report: The New Gatekeepers: How Disney, Netflix, and Amazon Will Take Over Media” (17 August 2023), online: <wga.org/news-events/news/press/2023> [perma.cc/5Q6A-L3N2].
[15] See generally Corey Martin, “From Microsoft Acquiring Activision To Disney + Hulu, These Deals Shook Up The Media And Entertainment Space In 2023, Plus 2024 Trends To Watch”, Forbes (5 December 2023), online: <www.forbes.com>; Jack Birle, “Amazon’s RSN investment is the latest streaming shake-up in sports media”, Washington Examiner (27 January 2024), online: <www.washingtonexaminer.com>.
[16] See generally Corey Martin, “From Microsoft Acquiring Activision To Disney + Hulu, These Deals Shook Up The Media And Entertainment Space In 2023, Plus 2024 Trends To Watch”, Forbes (5 December 2023), online: <www.forbes.com>; Jack Birle, “Amazon’s RSN investment is the latest streaming shake-up in sports media”, Washington Examiner (27 January 2024), online: <www.washingtonexaminer.com>.
[17] Ocampo, supra note 2.
[18] Jeffrey Mischka, David Wisnia & Thomas Ohanian, “Dissecting the SAG And WGA Strike: Perspectives From the Media & Entertainment (M&E) Practice at Alvarez & Marsal” (27 July 2023), online: <www.alvarezandmarsal.com> [perma.cc/X4H4-VDWF].
[19] Jeffrey Mischka, David Wisnia & Thomas Ohanian, “Dissecting the SAG And WGA Strike: Perspectives From the Media & Entertainment (M&E) Practice at Alvarez & Marsal” (27 July 2023), online: <www.alvarezandmarsal.com> [perma.cc/X4H4-VDWF].