Imagine discovering that an AI system trained on your performances is now generating content that sounds unmistakably like you, but you’re not getting paid. A voice actor hears their distinctive vocal style on an AI-narrated audiobook. A screenwriter finds AI-generated dialogue that mirrors their unpublished script. An indie musician’s signature melody is woven through an AI-composed score.
Can you protect your creative work when algorithms remix and reproduce your expression? What are your rights, and how are courts, unions, and lawmakers responding to these new realities?
Generative AI is transforming entertainment at lightning speed, from voice cloning and screenwriting to AI-powered visual effects. These tools open creative possibilities but also raise urgent questions about copyright, ownership, and who controls your work.
Whether you work in music, film, TV, or digital media, you’ve likely already encountered AI. Maybe you use it to clean up audio, generate visuals, or brainstorm story ideas. Maybe you’ve seen “deepfaked” actors or AI-cloned voices making headlines.
No matter your creative field, new legal questions are emerging—some with no easy answers. This article breaks down what’s happening with AI and copyright, what’s at stake, and what you can do right now to protect yourself.
Artificial Intelligence (AI) refers to computer programs that “think” like humans—learning, reasoning, and solving problems.
Generative AI tools can create original text, images, music, and video from a simple prompt. They’re trained on massive datasets—books, art, movies, songs, and more—to “learn” how to produce content that feels new, but is built on everything they’ve seen before.
AI tools have gotten very good at generating music, images, scripts, replicas, and voices. For entertainment pros, this brings both creative opportunities and legal headaches.
AI streamlines routine work like auto-generating subtitles, creating rough video edits, transcribing content, and translating material into multiple languages. Adobe’s Premiere Pro, for example, now includes AI-powered tools for automatic subtitle generation.
From AI-written scripts to computer-generated music, visual effects, and entire performances—AI can now create content that once required human artists. Tools like DALL-E, Midjourney, and ChatGPT are being used to generate everything from concept art to dialogue, and Sora, OpenAI’s text-to-video model, generates realistic videos from text prompts.
AI can create hyper-realistic replicas of voices, faces, and performances. Whether it’s de-aging actors (like in Robert Zemeckis’ Here movie), creating virtual performers, or cloning distinctive vocal styles for audiobooks and commercials—the technology is here and improving rapidly.
Netflix, Spotify, and other streaming platforms use AI to analyze viewing habits and recommend content, fundamentally changing how audiences discover entertainment.
Studios and independent creators alike are integrating AI into every stage of production—from pre-visualization to post-production. But as these tools become more powerful, questions of ownership, authorship, and fair compensation have never been more urgent or unclear.
The central legal question today is: Can you copyright something made with AI? If an AI helps make music, art, or a script, who owns what it produces? The answer depends on one word: Authorship.
In this landmark case, the U.S. Copyright Office refused to register artwork created solely by AI. Stephen Thaler tried to copyright images made by his “Creativity Machine,” which acted entirely on its own, with no human involvement. The federal court upheld the Copyright Office’s decision: only human beings can be “authors.” If a work is 100% AI-generated, it’s not eligible for copyright protection—meaning anyone can use or adapt it, unless some other legal standard (like contract law) applies.
Under U.S. law, copyright arises the moment an original work of authorship is fixed in a tangible form—but only if a human created it. So, while you can use AI as a tool, only your original, creative contributions are copyrightable. The more creative control you have, the more likely you’ll own the copyright.
If you use AI to assist (not replace) your creative process, document your decisions. The more you can show your own creative role, the stronger your claim to copyright.
Landmark disputes are actively reshaping the boundaries of creative rights in the AI era. What rights do you have if AI is trained on your work or likeness?
The Authors Guild and several well-known writers are suing OpenAI for using their books, scripts, and recordings to “train” large language models without permission or payment. The Guild argues that this is massive copyright infringement; OpenAI claims their use is “transformative” and fair use.
This case raises critical questions:
The courts have yet to resolve these issues. For now, creators should:
The recent strikes by SAG-AFTRA, WGA, and DGA weren’t just about traditional pay—they centered on AI protections. Unions fought for:
The resulting agreements provide a model: require explicit consent and fair pay for AI uses, and restrict unchecked use of AI in creative roles.
Never sign away your AI rights “in perpetuity.” Always check contracts for AI, voice, image, and likeness language.
Your voice and likeness are part of your brand, and AI can now replicate both with startling accuracy. Voice actors, in particular, have raised concerns about AI systems generating unlimited dialogue from limited original recordings, without fair compensation.
Current law offers some protection, especially in California and New York, which have statutes prohibiting unauthorized digital replicas. However, protection varies by state, and there is no federal right of publicity—yet.
If an AI-generated song, script, or artwork is “substantially similar” to your work, that could also constitute copyright infringement.
The proposed federal NO FAKES Act would make it unlawful to create digital replicas of anyone, living or dead, without their consent.
AI now creates deepfakes so realistic they can be used for fraud, defamation, or reputational harm. Unions and lawmakers are calling for labeling AI-generated content and requiring consent for digital replicas.
AI should assist, not exploit or replace, human creativity. Your voice, vision, and creative input remain essential.
Specific Tips:
The collision of AI and entertainment law isn’t just a legal curiosity—it’s changing how creators work and get paid. Don’t assume you’re protected by old contracts or outdated copyright law. Every new work, deal, and tool now has AI implications.
Human creativity, protected by evolving law and collective action, is still at the center of this industry. Stay informed, negotiate smart, and don’t hesitate to seek legal guidance.
If you are interested in how AI impacts not just creative ownership but also the use of actors’ likenesses, explore our blog Deepfake Contracts: Protecting Actors in the Age of Digital Doubles. It explains how contracts can shield performers from unauthorized digital replicas.
Have questions or need a review of your contract, copyright, or AI rights? Contact Rodriques Law. We help creators protect their vision—no matter what the future brings.
