What the 2023 Hollywood Writers’ Agreement Says About the Use of AI in Screenwriting
As of 27th September 2023, the Writers' Guild of America (WGA) has ended its strike with the big studios, having reached a tentative agreement with the big studios that will now be voted on by the WGA's members.
The deal has some key terms about AI and could be a sign of what will be agreed with actors who are also currently on strike.
Here's how the WGA summarises the AI-related terms:
5. Artificial Intelligence
We have established regulations for the use of artificial intelligence (“AI”) on MBA-covered projects in the following ways:
- AI can’t write or rewrite literary material, and AI-generated material will not be considered source material under the MBA, meaning that AI-generated material can’t be used to undermine a writer’s credit or separated rights.
- A writer can choose to use AI when performing writing services, if the company consents and provided that the writer follows applicable company policies, but the company can’t require the writer to use AI software (e.g., ChatGPT) when performing writing services.
- The Company must disclose to the writer if any materials given to the writer have been generated by AI or incorporate AI-generated material.
- The WGA reserves the right to assert that exploitation of writers’ material to train AI is prohibited by MBA or other law.
https://www.wgacontract2023.org/the-campaign/summary-of-the-2023-wga-mba
And here's the full text of the relevant clauses from the tentative agreement:
ARTICLE 72 GENERATIVE ARTIFICIAL INTELLIGENCE
A. The parties acknowledge that definitions of generative artificial intelligence (‘GAI’) vary, but agree that the term generally refers to a subset of artificial intelligence that learns patterns from data and produces content, including written material, based on those patterns, and may employ algorithmic methods (e.g., ChatGPT, Llama, MidJourney, Dall-E). It does not include ‘traditional AI’ technologies such as those used in CGI and VFX and those programmed to perform operational and analytical functions.
B. The Companies agree that because neither traditional AI nor GAI is a person, neither is a ‘writer’ or ‘professional writer’ as defined in Articles 1.B.1.a., 1.B.1.b., 1.C.1.a. and 1.C.1.b. of this MBA, and, therefore, written material produced by traditional AI or GAI shall not be considered literary material under this or any prior MBA.
C. Should a Company furnish a writer with written material produced by GAI which has not been previously published or exploited, and instruct the writer to use the GAI-produced material as the basis for writing literary material:
The Company shall disclose to that writer that the written material was produced by GAI.
The GAI-produced written material shall not be considered assigned material for purposes of determining the writer’s compensation.
The GAI-produced written material shall not be considered source material for purposes of determining writing credit.
The GAI-produced written material shall not be the basis for disqualifying a writer from eligibility for separated rights.
This subparagraph C. also applies when a writer, with the consent of the Company, uses GAI in the course of preparing literary material. Company agrees that it will not publish or exploit GAI written material for the purposes of evading this provision.
When a writer, with the consent of the Company, uses GAI in the course of preparing written material or incorporates GAI-produced material in written material, such written material shall be considered literary material and not material ‘produced’ by GAI.
The following examples illustrate application of this subparagraph C.:
EXAMPLE 1:
Company furnishes Writer A with written material substantially in the form of a screenplay produced by GAI which has not been previously published or exploited and assigns no other materials. Company instructs Writer A to rewrite the GAI-produced written material. Company must pay Writer A no less than the minimum compensation for a screenplay under Article 13.A.1.a.(2), as well as no less than the amount specified in Article 13.A.1.a.(9), ‘Additional Compensation Screenplay – No Assigned Material.’ The GAI-produced written material is not considered source material when determining writing credit to Writer A and will not disqualify Writer A from eligibility for separated rights.
Company later assigns the screenplay rewritten by Writer A to Writer B and instructs Writer B to rewrite the screenplay rewritten by Writer A. Company must pay Writer B no less than the minimum compensation for a rewrite under Article 13.A.1.a.(3). Writer A’s rewritten screenplay must be considered when determining writing credit to Writer B and eligibility for separated rights.
EXAMPLE 2:
Company furnishes Writer A with written material substantially in the form of a story produced by GAI which has not been previously published or exploited and assigns no other materials. Company instructs Writer A to write a teleplay based on the GAI-produced written material. Company must pay Writer A no less than the minimum compensation for a story and teleplay. The GAI-produced story is not considered source material when determining writing credit to Writer A and will not disqualify Writer A from eligibility for separated rights.
Company later assigns the teleplay written by Writer A to Writer B and instructs Writer B to rewrite the teleplay written by Writer A. Company must pay Writer B no less than the minimum compensation for a rewrite. Writer A’s teleplay must be considered when determining writing credit to Writer B and eligibility for separated rights.
D. A writer will be required to adhere to the Company’s policies regarding the use of GAI (e.g., policies related to ethics, privacy, security, copyrightability or other protection of intellectual property rights). Any purchase of literary material from a professional writer is also subject to such policies. A writer must obtain the Company’s consent before using GAI. The Company retains the right to reject the use of GAI, including the right to reject a use of GAI that could adversely affect the copyrightability or exploitation of the work.
E. A Company may not require, as a condition of employment, that a writer use a GAI program which generates written material that would otherwise be ‘literary material’ (as defined in Article 1.A.5.) if written by a writer (as defined in Article 1.B.1.a. and Article 1.C.1.a.) (e.g., a Company may not require a writer to use ChatGPT to write literary material). The preceding sentence does not prohibit a Company from requiring a writer to use a GAI program that does not generate written material, such as a GAI program that detects potential copyright infringement or plagiarism.
F. The parties acknowledge that the legal landscape around the use of GAI is uncertain and rapidly developing and each party is reserving all rights relating thereto unless otherwise expressly addressed in this Article 72. For example, nothing in this Article 72 restricts any writer who has retained reserved rights under Article 16.B., or the WGA on behalf of any such writer, from asserting that the exploitation of their literary material to train, inform, or in any other way develop GAI software or systems, is within such rights and is not otherwise permitted under applicable law.
G. Each Company agrees to meet with the Guild during the term of this Agreement at least semi-annually at the request of the Guild and subject to appropriate confidentiality agreements to discuss and review information related to the Company’s use and intended use of GAI in motion picture development and production. The foregoing provision shall not be construed to waive any right of the Guild under the National Labor Relations Act, including but not limited to the right to seek information necessary and relevant to the administration and enforcement of this Article 72.