New copyright laws would be co-opted by monopolistic publishers and studios. The Writers Guild strike proved that the most effective tool for creators to protect themselves from AI displacement is sectoral collective bargaining.
While generative AI introduces novel complexities, the fundamental conflict over artist compensation is not new. Historical examples, like musicians' families suing record labels over royalties, show these battles predate AI. AI's use of training data without permission has simply become the latest, most complex iteration of this long-standing issue.
As AI tools enable millions of amateur creators to produce professional-quality content, platforms like YouTube and Spotify become less reliant on a small number of mainstream media giants. This diffusion of content creation shifts bargaining power away from traditional studios and labels to the platforms themselves.
Despite the massive OpenAI-Disney deal, there is no clarity on how licensing fees will flow down to the original creators of characters. This mirrors a long-standing Hollywood issue where creators under "work for hire" agreements see little upside from their creations, a problem AI licensing could exacerbate.
Unlike the tech industry's forward-looking nostalgia, Hollywood's culture is rooted in preserving traditional filmmaking processes. This cultural attachment makes the creative community view AI not just as a job threat, but as an unwelcome disruption to the established craft and order, slowing its adoption as a creative tool.
Solving the AI compensation dilemma isn't just a legal problem. Proposed solutions involve a multi-pronged approach: tech-driven micropayments to original artists whose work is used in training, policies requiring creators to be transparent about AI usage, and evolving copyright laws that reflect the reality of AI-assisted creation.
The Writers' Guild of America strike offers a sophisticated model for labor unions navigating AI. Instead of an outright ban, they negotiated a dual approach: winning protections against AI-driven displacement while also securing guarantees for their members to use AI as an assistive tool for their own benefit.
Former DreamWorks CEO Jeffrey Katzenberg compares the current backlash against AI in creative fields to the initial revolt from traditional animators against computer graphics. He argues that, like computer animation, AI's adoption is an unstoppable technological shift that creators will either join or be left behind by.
Data has become a primary means of production alongside capital and labor. Following historical parallels with agricultural co-ops and labor unions, communities will likely form "data unions" to pool their data, enabling collective bargaining with large corporations and restoring individual power.
The core legal battle is a referendum on "fair use" for the AI era. If AI summaries are deemed "transformative" (a new work), it's a win for AI platforms. If they're "derivative" (a repackaging), it could force widespread content licensing deals.
The fear of killer AI is misplaced. The more pressing danger is that a few large companies will use regulation to create a cartel, stifling innovation and competition—a historical pattern seen in major US industries like defense and banking.