As 3D artists, many of us have grown tired of encountering vague discussions about AI. However, I've recently come across news that significantly and tangibly shifted the landscape.
Ok…so what happened?
In the recent lawsuit, a federal judge upheld a decision from the U.S. Copyright Office that denied copyright protection to an artwork created by artificial intelligence (AI). The lawsuit arose when Stephen Thaler sought copyright registration for an AI-generated artwork called "A Recent Entrance to Paradise."
Thaler argued that AI should be recognized as an author and copyright ownership should vest in the machine's owner. However, the judge's ruling emphasized that copyright law has traditionally protected works of human creation and lacks provisions for non-human creations. The judge stated that copyright law is intended to incentivize and protect human creativity, and its scope has not extended to works entirely generated by AI without human guidance. This ruling highlights the ongoing debate and legal considerations surrounding AI-generated content and copyright protection. (Source)
This I Like!
This. This is what I’ve been looking for out all the AI news coming out. Something that would help me sharpen my view of how this whole AI revolution would play out. Now…this could definitely be heard and overturned by the Supreme Court, but let’s assume this ruling remains the law of the land. What does this mean?
Entertainment
The obsession with box office earnings persists—Oppenheimer surpasses $500 million, Barbie crosses the $1 billion mark, and so on. Impressive, right? This might lead you to assume that the studio behind the Barbie movie hauled in a cool $1 billion. Well, not quite. The breakdown varies among different films, but roughly 50% of the earnings go to the theaters. In cases like Barbie, that remaining 50% gets further divided due to the involvement of Mattel, which owns the intellectual property of Barbie. Consequently, the proceeds need to be shared with them.
While the sum remains substantial, it hardly covers the expenses of producing and promoting the film.
But hold up…what was that bit about owning intellectual property?
I think I just said the magic words to what major movie studios truly value about a film.
How Does Intellectual Property Affect a Film Production?
Intellectual property for a film includes the creative elements of the movie, such as the script, characters, story, music, and visuals. Various forms of intellectual property rights, such as copyright and trademarks protect these elements.
The classic example I always think of is Star Wars. Star Wars is just a sci-fi film about good versus evil, right? It’s just an outer space adventure with a weird suggestion of a brother and sister kissing without ever really resolving that? (I’m with you, C3PO)
Absolutely not. Its cultural significance extends far beyond mere numbers. Lucasfilm held the copyright to this franchise, granting them the ability to produce limitless sequels, prequels, and an infinite array of side stories, with exclusive control that no one else could exercise. They also secured exclusive trademarks on essential names like "Luke Skywalker" or "Darth Vader," preventing anyone from even referencing these characters or narratives without obtaining consent.
Then there's the expansive realm of licensing. In the context of "Star Wars," Lucasfilm granted rights for the creation of action figures, video games, books, and various merchandise based on the franchise. This not only generated supplementary revenue but also allowed other creators to contribute to the "Star Wars" universe under specific agreements.
Collectively, these aspects culminate in an immensely valuable asset coveted by movie studios. For Star Wars alone, the price to purchase this copywrite from Lucasfilm cost Disney over $4 billion and they were able to recoup that number in just six years.
True, these copyrights are only under exclusive ownership for a limited time before entering the public domain. However, the Disney corporation is actively working to extend that timeframe, as vividly illustrated in the remarkable video provided below in the 3D Tutorial section.
Would Film Companies Use AI if it Means Losing Copywrites to the Work?
I haven't been, nor do I intend to become, a film executive. However, my experience within the industry has given me insight into the fact that significant film studios are unwavering in retaining copyright control over their productions, regardless of circumstances.
Consequently, if this law remains in effect, I predict that major film studios will likely avoid incorporating AI-generated visuals into their films. The rationale behind this is the potential risk it poses to the copyright ownership of the project upon its release. Even if the copyrighted material originates from ethical sources such as Adobe's Firefly or the AI solution developed by NVidia and Shutterstock, studios will likely prefer images created by humans. This decision will ensure that the content they produce remains eligible for legal protection.
Does this imply that every film studio will adopt this approach? I don't believe so. I can envision a scenario where smaller studios or independent filmmakers, recognizing the substantial value and cost savings offered by AI, might choose not to copyright their work. However, I anticipate this will be the exception rather than the norm.
So Is This A Victory for All Artists?
Not necessarily for everyone. From my understanding, this law primarily safeguards against copyright claims for the final image. It doesn't extend protection to artists involved earlier in the creative process, such as those working on concept art, storyboarding, and scene layouts. These contributions often come into play during the initial planning and ideation phase and could still be significantly influenced by AI.
However, scriptwriters, modelers, animators, lighters, compositors, and anyone contributing to elements that appear in the film's finished product are affected by this ruling.
Other Industries with 3D Artists
If you believe intellectual property is crucial in the film industry, consider examining product design, fashion, footwear, or essentially any sector generating distinctive physical or digital goods.
Can you imagine a tech giant like Apple investing billions in developing the next groundbreaking "iPhone-esque" innovation and risking IP protection due to AI's involvement in the design process? Highly unlikely.
Until there's greater clarity in this domain, I don't anticipate major corporations taking the gamble of using AI to craft their final designs; they will likely continue relying on real human artists.
Conclusion
Once again, I acknowledge your potential weariness regarding AI discussions. However, this particular development strikes me as a significant milestone and the first glimpse into the evolving balance. There's undoubtedly a long journey ahead, but if this case serves as an indication, it could benefit all parties involved.
3D News of the Week
A roundup of interesting 3D related news you may have missed this week.
AI-Created Art Isn’t Copyrightable, Judge Says in Ruling That Could Give Hollywood Studios Pause - The Hollywood Reporter
This Unreal Engine-Powered Ghostbusters Short Film Was Made in Just One Day - 80.lv
Create Stunning 3D Game Assets with AI - Meshy
Impressive Real Time Water Simulation in EmberGen by Bilawal Sidhu - Twitter
Clo Introducing Camera Animation - LinkedIn
Luxion Enhances Its Digital Capabilities through Acquisition of Digizuite - Keyshot.com
Artist of the Week
If you haven’t seen the incredible digital puppetry done by Ryan Corniel stop reading and click this link. They’re amazing! Created using Cinema 4D, ZBrush, and Unreal Engine 5.
3D Tutorials
An incredibly creative video showing where copywrite laws are today.
3D Job Spreadsheet
Link to Google Doc With A TON of Jobs in Animation (not operated by me)
Michael Tanzillo is the Head of Technical Artists with the Substance 3D Growth team at Adobe. Previously, I was a Senior Artist on animated films at Blue Sky Studios/Disney with credits including three Ice Age movies, two Rios, Peanuts, Ferdinand, Spies in Disguise, and Epic.
In addition to his work as an artist, Michael is the Co-Author of the book Lighting for Animation: The Visual Art of Storytelling and the Co-Founder of The Academy of Animated Art, an online school that has helped hundreds of artists around the world begin careers in Animation, Visual Effects, and Digital Imaging.
www.michaeltanzillo.com
Free 3D Tutorials on the Michael Tanzillo YouTube Channel
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