BoJack Horseman’s Creator Has A New Show With A Disclaimer That Could Become Common In Hollywood

Though directly addressing AI is a good show of force, and as nice as it is to see series like “The Studio” flat-out attacking and mocking AI as a way of expressing a sentiment shared by much of Hollywood, the truth is that the genie has already been let out of the bottle. In other words, these disclaimers can’t really do much, legally speaking.

For instance, the Directive 2019/790 quoted in the Universal Pictures warning refers to an AI copyright-compliance policy established by the European Union. The problem is, that policy (or something identical) is non-existent in the U.S. and can’t really be applied domestically.

Per Vulture, streamers have also updated their terms-of-service agreements to deal with AI, with Disney+ stating that users can’t “engage in any of the foregoing in connection with any use, creation, development, modification, prompting, fine-tuning, training, benchmarking or validation of any artificial intelligence or machine learning tool, model, system, algorithm, product or other technology.” Meanwhile Paramount+ states, “We reserve the right to prevent third parties from text and data mining of Content and any information on the Service.” Even Peacock prohibits the use of any content “for the purpose of directly or indirectly training, developing or improving a software tool or service, including any artificial intelligence tool, model, system or platform.”

However, according to Vulture, exports in AI rights-tracking say that it is virtually impossible to prove that copyrighted material, such as images from “Jurassic World Rebirth,” was used to train AI. One can readily show that an AI engine duplicates copyrighted material (which is very illegal), but the training aspect lies in a legally gray area since it happens before anything is actually produced. Hence, despite being done in good faith, these anti-AI training warnings may simply be the new anti-piracy warning — something that’s enforceable, sure, but not something that prevents or deals with the greater issue in any substantial way.

“Long Story Short” is now streaming on Netflix.