Hollywood groups tell court AI licensing systems already exist

The Human Consent Foundation filed a 31-page legal brief in the Southern District of New York late Friday, arguing that the creative industries have a proven infrastructure for licensing content. The nonprofit, backed by Cate Blanchett, joined a coalition of Hollywood entities in the lawsuit brought by The New York Times against OpenAI and Microsoft.

The brief challenges the defense argument that clearing rights for AI training is too costly or complex. It states that the creative sectors already possess workflows to clear rights for dispersed works at scale and cost-effectively. The filing counters claims that there is no settled method for valuing training data.

Cate Blanchett co-founded the organization, initially called RSL Media, in May. It launched a registry in June that allows individuals to record permissions granted to AI models for scraping their likenesses. Steven Soderbergh also backs the group. Blanchett wrote in the brief that she has worked in film and theater for over 30 years and that the principle of permission has never changed. She noted that if someone wants to use her face, voice, or image, they ask first.

Nikki Hexum, co-founder and CEO of the Human Consent Foundation, said the filing shows how the creative industry actually works. She stated that the goal is to protect the humans who create value in the growing market for AI data licensing. Hexum emphasized that the industry is not starting from scratch and that a functioning market for licensing creative work already exists.

A list of supporters appended to the brief includes Anne Hathaway, Emma Thompson, Dan Levy, Ron Howard, Madonna, Olivia Wilde, and many others. The coalition also includes CAA, the Music Artists Coalition, the National Association of Voice Actors, Writer Inc, and the Creative Coalition on AI. The group argues that new AI technology must respect existing boundaries and choices, including the choice not to participate.

OpenAI responded by pointing to a blog post published Friday that featured briefs from other groups supporting the fair use doctrine. The post stated that experts across various fields have filed briefs recognizing fair use as a win-win. Microsoft did not respond to a request for comment.

The amicus brief arrived one day after SAG-AFTRA, the Writers Guild of America, and the American Federation of Musicians filed their own brief. Those unions urged the court to reject the tech companies' fair use claim, arguing it would render moot the terms agreed upon at the bargaining table. The New York Times filed its original lawsuit in December 2023, alleging that OpenAI scraped thousands of news articles without permission. The Times filed for summary judgment in the case last month.