Disney Struggles With How to Use AI - While Retaining Copyrights and Avoiding Legal Issues

Disney 'cloned' Dwayne Johnson when filming a live-action Moana, reports the Wall Street Journal, using an AI process that they were ultimately afraid to use:

Under the plan they devised, Johnson's similarly buff cousin Tanoai Reed — who is 6-foot-3 and 250 pounds — would fill in as a body double for a small number of shots. Disney would work with AI company Metaphysic to create deepfakes of Johnson's face that could be layered on top of Reed's performance in the footage — a 'digital double' that effectively allowed Johnson to be in two places at once... Johnson approved the plan, but the use of a new technology had Disney attorneys hammering out details over how it could be deployed, what security precautions would protect the data and a host of other concerns. They also worried that the studio ultimately couldn't claim ownership over every element of the film if AI generated parts of it, people involved in the negotiations said. Disney and Metaphysic spent 18 months negotiating on and off over the terms of the contract and work on the digital double. But none of the footage will be in the final film when it's released next summer...

Interviews with more than 20 current and former employees and partners present an entertainment giant torn between the inevitability of AI's advance and concerns about how to use it. Progress has at times been slowed by bureaucracy and hand-wringing over the company's social contract with its fans, not to mention its legal contract with unions representing actors, writers and other creative partners... For Disney, protecting its characters and stories while also embracing new AI technology is key. 'We have been around for 100 years and we intend to be around for the next 100 years,' said the company's legal chief, Horacio Gutierrez, in an interview. 'AI will be transformative, but it doesn't need to be lawless....' [As recently as June, a Disney/Comcast Universal lawsuit had argued that Midjourney 'is the quintessential copyright free-rider and a bottomless pit of plagiarism.']

Concerns about bad publicity were a big reason that Disney scrapped a plan to use AI in Tron: Ares — a movie set for release in October about an AI-generated soldier entering the real world. Since the movie is about artificial intelligence, executives pitched the idea of actually incorporating AI into one of the characters... as a buzzy marketing strategy, according to people familiar with the matter. A writer would provide context on the animated character — a sidekick to Jeff Bridges' lead role named Bit — to a generative AI program. Then on screen, the AI program, voiced by an actor, would respond to questions as Bit as cameras rolled. But with negotiations with unions representing writers and actors over contracts happening at the same time, Disney dismissed the idea, and executives internally were told that the company couldn't risk the bad publicity, the people said...

Disney's own history speaks to how studios have navigated technological crossroads before. When Disney hired Pixar to produce a handful of graphic images for its 1989 hit The Little Mermaid, executives kept the incorporation a secret, fearing backlash from fans if they learned that not every frame of the animated film had been hand-drawn. Such knowledge, executives feared, might 'take away the magic.'


Disney invested $1.5 billion in Fortnite creator Epic Games, acccording to the article, and is planning a world in Fortnite where gamers can interact with Marvel superheroes and creatures from Avatar. But 'an experiment to allow gamers to interact with an AI-generated Darth Vader was fraught. Within minutes of launching the AI bot, gamers had figured out a way to make it curse in James Earl Jones's signature baritone.' (Though Epic patched the workaround within 30 minutes.)
But the article spells out another concern for Disney executives. 'If a Fortnite gamer creates a Darth Vader and Spider-Man dance that goes viral on YouTube, who owns that dance?

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