Christopher J. Dwyer

There’s a reason why there were so many new documentaries and non-fiction content on streaming platforms over the summer (and now into the fall): if you hadn’t heard by now, a massive strike between Hollywood writers and studios shaped months of entertainment, with an impact that will be felt well into 2024. With writers on picket lines and unable (and, rightfully so, unwilling) to work within the Hollywood’s dizzying array of multimedia and content engines, streamers like Netflix filled binge-watch marathons with true crime documentaries and similar shows and films.

Of course, just last week, the writers and studios (finally) agreed to terms on a ratified agreement that will be voted on over the early weeks of October. While there aren’t many links between the entertainment industry and the contemporary business arena, there is something at play in the strike that speaks volumes about how we work…and how artificial intelligence will play a pivotal role.

One of the major bargaining points from the writers’ side was the addition of structured parameters over the utilization of AI in development of scripts and related content. Generative AI is many things to many processes, however, what it’s been known for since exploding in 2022 is the, well, auto-generation of text in near-real-time.

Given that generative AI platforms like ChatGPT pull from seemingly-endless and open sources of content (including books, scripts, etc.), there has been a concern that studios could easily build foundational writing in an automated fashion without human intervention, or, in a simpler sense: outright replace human writing, and, thus, put more money in their pockets by circumventing an age-old means of producing content.

The WGA’s deal with Hollywood is a landmark case that has long-reaching implications for every industry, not just multimedia and entertainment, for one major reason: a major centerpiece of the ratified agreement includes regulations around the usage of artificial intelligence.

The agreement includes this section, which seems to be a first of its kind:

We [the WGA] 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.

In a mainstream arena dominated by tech firms, who are often on the cusp of innovation, it is interesting to note that Hollywood will be the first major industry to truly ratify the utilization of AI. Artificial intelligence and generative AI tools can be leveraged by both sides (writers and studios) within the parameters of this new agreement; however, the hard details ensure honest disclosures of the limits of how these tools are utilized to develop content (by both sides).

All of this speaks one incredible truth about the future of this hot technology: AI will be leveraged as an augmentative force and a powerful enhancer rather than a straight-up replacement for human-led work. Artificial intelligence is an incredibly influential swath of automation that is already transforming the ways we think about how we work.

The explosion of AI-led tools, particularly ChatGPT, has ushered in a new era of the “robots vs. humans” (or, if we’re including decades of business history, “automation vs. humans”) debate that has raged for years given the utmost focus and criticality of digital transformation efforts. As the conversation shifted, and, as the permanence of AI-in-business notion became reality, the utilization of AI became equal parts “replacement” and “rights” in terms of how the technology could be leveraged in the corporate arena.

The WGA’s long push for AI ratification and regulation (as well as other much-deserved benefits) is a hallmark case for a very critical reason: it reflects the very future of how artificial intelligence will be regulated in the business realm, especially as enterprises continue to reimagine not only how work gets done, but also how AI and human convergence is structured in the months and years to come.