How to assign property rights in actor AI likenesses

This is an issue in the Actors and Writers Guild strikes, with a key issue being whether studios should be making “take it or leave it” offers which give them rights to the AI likenesses in perpetuity, even for extras.  Here is part of my take in my latest Bloomberg column:

I suggest that the eventual strike settlement forbid studios from buying the rights to AI likenesses for more than a single film or project. Or, as a compromise, the contract could be for some limited number of projects, but not in perpetuity. Actors thus would remain in long-run control of their AI likenesses, yet if they wanted to keep selling those likenesses – project by project – they could do so.

Note that this proposal is along some dimensions quite inegalitarian. That is, future stars would end up much richer and the large numbers of actors who fail would end up slightly poorer. They would not be paid small upfront sums for rights that would quickly become worthless.

We can feel better about that trade-off if we consider the interests of the fans. Many people (myself included) enjoy the image and thought of Han Solo (one of Ford’s most famous roles), whether or not they are paying money in a given year to see the Star Wars movies. Would those fans prefer that Ford or some movie studio be in control of the Han Solo image?

The answer may depend on the wisdom and aesthetic taste of the actor in question, but overall I would opt for actor control of the AI likenesses. At least some actors will care about the quality of the projects their likenesses are attached to, rather than just seeking to maximize profit from deploying the likenesses. So, if the question is whether an AI likeness of Han Solo can greet visitors at the entrance to a Disney ride, Disney might say yes but Ford might say no, or at least he would have that choice.

Having celebrity images remain scarce rather than overexposed is a good aesthetic decision, even if it keeps some market power in the hands of Ford, his eventual heirs and future movie stars more generally. With these additional restraints on AI likenesses, we will likely end up with a more exciting, less tired and less overexposed kind of celebrity culture, and I hope that leads to broader social benefits, if only by cultivating better taste among fans and viewers.

Such a proposal is not so unusual when viewed in a broader context. Standard labor contracts don’t allow you to sell your labor to your boss in perpetuity, as you always retain the right to quit. Few people consider that limitation on contracting objectionable, as it protects human liberty against some hasty or ill-conceived decisions, such as selling yourself into slavery. If your AI likeness ends up being such a good substitute for your physical being, as it seems our current technological track may bring, why should we not consider similar restrictions on the contracts for the AI likeness?

Worth a ponder, these are not easy issues.