The increasing sophistication of AI technology and a round of Hollywood meetings by OpenAI  has recently led to significant legal and ethical debates in the entertainment industry. But producers – many of whom are open to exploring the heightened use of AI in production – have long known that the biggest hurdle to Hollywood’s adaptation of AI would be actors. 

This belief has now spread from closed-door talks between those producers to being widely excavated by the public and the media. Scarlett Johansson prompted this discussion after fans, and then later the actress herself, voiced concerns over the unauthorized use of her character’s voice in the movie, “Her,” by ChatGPT’s newest release after failing to get Johansson’s authorization. (OpenAI said it had cast the voice actor prior to any talks with Johansson).

Yet, concerns over AI and actors were already mounting. It was a major sticking point between SAG-AFTRA and the studios during the strikes last year. But also earlier this month, two voice actors filed suit against Lovo, a San Francisco-based AI company, for cloning their voices without permission, further highlighting the growing apprehension among actors about their digital personas being exploited without consent. These incidents raise pressing questions about intellectual property rights and the ethical use of AI.

Yes, and…

Despite these concerns, AI will continue and it would behoove actors to lean in and find ways to coexist with the tech. By creating and owning their AI models, actors can ensure their intellectual property is used ethically while also exploring new avenues for revenue and creative expression. Actors can work with AI to protect their rights and enhance their careers, illustrating that the future of AI in entertainment can be both empowering and ethically sound.

Elvis has already left the building

The most pressing fear is that an actor’s likeness or voice might be used without their permission, effectively stealing their intellectual property. This concern is evident by the above-noted lawsuits, and extends into other areas of entertainment, as can be seen by the ELVIS Act, now codified into law in my company’s home state…

But, it’s important to note that this isn’t a new issue. Using technology to mimic voices and recreate actors has been in widespread use for at least a decade through visual effects. Films like “Tron Legacy,” “The Curious Case of Benjamin Button” and “The Irishman” used CG techniques to age or de-age actors. In films like “Gravity” and “Star Wars,” actors were recreated in CGI to handle impossible scenes or bring actors back from the dead.

For actors, AI doesn’t represent anything other than an alternative technique for processes we have already engaged in. Believe it or not, AI actually represents an opportunity for more control for the actor. Just as it was for CGI, it’s a myth that AI will replace actors. It won’t.

AI Christopher Walken?

Machine learning models are created by ingesting vast amounts of information on a subject, then training on that data to generatively recreate new content. However, the results are, at best, derivative and devoid of new performance. In practical terms, imagine finding a doppelganger of Christopher Walken and teaching them to mimic his distinctive voice. Could you replace Walken in future films with his doppelganger? The answer is no. At best, all you would get is more cowbell!

The performance, creativity and invention of the actor are unique to the actor themselves. However, there are many practical uses for AI stemming from that original performance, such as simplifying visual effects tasks or for localization. Currently, localization is performed by voice actors in other countries, which presents two significant drawbacks for the original artist: lost revenue and the often awkward final product (try watching “Pulp Fiction” in Hindi!).

Imagine a scenario in which Christopher Walken has created his own AI model, controlled by him and his management – a perfectly feasible scenario in a decentralized AI pipeline. In this case, when he makes a movie, his voice and subsequent facial changes can be used for localization. If he owns it, he controls its use. And for example, if a problem occurs with an audio track and ADR is necessary, Walken could either show up for the session or allow his virtual voice to fix the issue.

The ethical use of AI hinges on the ownership of the models by the creators themselves, functioning within a decentralized pipeline where multiple models come together to create a product. The future is AI, but it should not be owned by Microsoft, Google or Meta. It must be owned by the creators.

John Attard is the founder of Franklin, Tennessee-based Showdog Studio, which produces feature films, episodic television, documentaries and animation. Over two decades as a visual effects producer, Attard has worked at Warner Bros., Disney and vfx shops including MPC, Mill Film, Avid and Autodesk. His credits include “The Avengers,” “Gladiator,” “Black Hawk Down,” “Jungle Book,” “Pitch Black,” “Minority Report” and “Holes.”