Being a Paper Delivered by Audu Maikori Esq at the Public Commissioning of the HOJ Fashion Law, HOJ Entertainment Law & HOJ Regalia and Paraphernalia at the House of Justice Complex, 108 Chinyeaka Ohaa Crescent, Wuye, Abuja -Nigeria.
The Distinguished Senator Sunday Marshall Katung Esq, Senator representing the good people of Kaduna South and Chair of this historic event, My Noble Lords, Hon. Justice K.B. Akaahs, OFR retired Justice of the Supreme Court of the Federal Republic of Nigeria, The Hon Justice B.B. Kanyip, PhD, President of the National Industrial Court, The DG Centre for Black And African Arts and Civilization Act, The Chief Host and Chief Celebrant, our beloved and brilliant Gloria Mabeiam Ballason Esq the founder and visionary of the House of Justice.
All other protocols observed.
Good morning, esteemed guests, colleagues, and innovators from around the globe. It is an honor to stand before you today as we delve into a topic that is reshaping the contours of the creative and entertainment industry: the advent of artificial intelligence. My name is Audu Maikori and I am here to navigate through the intricate dance of innovation and regulation that AI introduces to our creative landscapes.
The rise of AI in our sector is not just a technological evolution; it’s a revolution. From AI-driven music composition to algorithmic scriptwriting, and deepfake technologies in filmmaking, the capabilities of AI are pushing the boundaries of what we previously thought possible. AI has the potential to revolutionize the way we create, distribute, and consume content. However, it also presents a unique set of challenges that we must confront head-on. Let me cite a few:
INTELLECTUAL PROPERTY RIGHTS.
One of the foremost concerns is intellectual property rights. As AI systems create works that can rival or even surpass human creativity, the question arises: Who holds the copyright to an AI-generated piece? Is it the creator of the AI, the user who prompted the output, or the AI itself?
Current copyright laws, which are built on human authorship are being challenged to evolve. We must advocate for legal frameworks that recognize the complexities of AI-generated content while ensuring that creators are fairly compensated.
LIABILITY & ETHICS.
The issue of liability in AI-generated content is also paramount. When an AI creates content that infringes on existing copyrights or spreads misinformation, who is held accountable? Furthermore, the ethical use of AI in creating deepfakes that can blur the lines between reality and fiction; this poses significant legal and societal challenges. Implementing regulations that can swiftly adapt to the pace of AI development while safeguarding against misuse is crucial.
DATA PRIVACY.
In an era where data is the new oil, AI’s thirst for data raises significant privacy concerns. The entertainment industry, in leveraging AI for personalized content creation and recommendation systems must navigate the fine line between personalization and privacy invasion. Ensuring transparency in data usage and adhering to stringent data protection laws is non-negotiable.
CONTRACTS & AI RIGHTS.
As AI becomes more autonomous, the nature of contracts in the creative and entertainment industry must evolve. The definition of authorship, the rights of AI as creators or co-creators, and the distribution of royalties are areas that require innovative legal thought and action.
THE ROLE OF POLICY MAKERS & INDUSTRY LEADERS.
To address these challenges, a collaborative approach is essential. Policymakers, legal experts, technologists, and industry stakeholders must come together to create a balanced ecosystem that fosters innovation while protecting the rights and integrity of human creators. It is imperative that we draft laws and regulations that are not only reactive but also proactive in anticipating future advancements.
A few issues have come up recently with respect to AI in sectors including music, film and tech; prime examples include :
FASHION AI.
The integration of Artificial Intelligence (AI) in the fashion industry brings forward several promising opportunities, including personalized shopping experiences, trend forecasting, inventory management, and even the creation of AI-generated designs. However, this technological advancement also introduces a set of challenges and ethical considerations that need careful navigation. Here are some of the key fashion-related issues associated with using AI:
INTELLECTUAL PROPERTY CONCERNS.
1. Design Originality: AI can generate new designs by learning from existing data, raising questions about the originality of such designs and potential infringement on existing copyrights or patents.
2. Ownership Rights: Determining who owns the copyright to an AI-generated design is a complex issue that challenges current intellectual property laws. Is it the creator of the AI, the user who prompted the AI, or the AI itself that should own the copyrights?
3. Data Privacy and Security:
AI systems require vast amounts of data to operate effectively. In fashion this involves collecting personal information from consumers for personalized experiences, leading to concerns over data privacy and the security of consumer information.
4. Ethical and Sustainability Issues:
Bias in AI Algorithms: AI systems can inherit biases present in their training data, potentially leading to biased trend forecasts or personalized recommendations that do not accurately reflect diverse consumer needs.
5. Sustainability: While AI can optimize production processes and reduce waste, the environmental impact of training large AI models and the encouragement of fast fashion trends through rapid design generation are concerns for sustainability in the industry.
6. Impact on Employment:
The automation of certain tasks, such as trend analysis, design, and even manufacturing, could lead to job displacement. Balancing the efficiency gains from AI with the potential impact on employment within the fashion industry is a significant challenge.
7. Consumer Trust and Authenticity:
As AI becomes more involved in creating personalized experiences and even generating designs, maintaining consumer trust in the authenticity and quality of products is crucial. There may be skepticism towards AI-generated designs or recommendations, affecting consumer engagement.
8. Regulatory Compliance:
The fashion industry must navigate a complex web of regulations that may apply to AI, from consumer protection laws to international data protection regulations like GDPR. Ensuring AI applications comply with these regulations is essential to avoid legal and financial repercussions.
9. Transparency and Accountability:
There is a growing demand for transparency in AI decision-making processes, especially when it affects consumer choices or trend forecasting. Ensuring accountability in AI-generated outcomes is necessary to maintain trust among consumers and industry stakeholders.
FILM AI – THE HOLLYWOOD STRIKES.
The Hollywood strikes started in May 2023 and lasted till the last quarter of 2023 and was so fierce that Hollywood ground to a halt. The AI-related issues primarily revolves around concerns related to job security, compensation, and the creative integrity of work in the face of rapidly advancing artificial intelligence technologies. These issues have become even more prominent as AI plays a more significant role in various aspects of production, from scriptwriting and editing to visual effects and even in generating deepfake content. The core concerns include:
Job Security: There is apprehension among writers, actors, and other creative professionals that AI could automate their roles, leading to significant job losses within the industry.
Compensation: The integration of AI in content creation raises questions about how royalties and residuals would be handled, especially for AI-generated works. The concern is whether traditional compensation structures would apply when AI contributes to or creates content.
Creative Integrity: Many in the industry are worried about the impact of AI on the creative process, fearing that the use of AI could dilute the human element that is central to storytelling and artistic expression.
Credit and Copyright: Determining how credit should be allocated for AI-generated content and who holds the copyright is a major concern.
Resolution:
Tyler Perry just suspended plans for a massive studio expansion to see what tech platforms like Sora can do with text to image technology.
How were some of these issues navigated ?
Artificial Intelligence (AI):
1. Provisions were added to ensure that AI-generated content cannot replace writers or actors without their consent and compensation.
2. Established guidelines for the use of AI in the creative process have been put in place to ensure that it serves as a tool rather than a replacement for human creativity.
3. Guaranteed protections for performers’ digital likenesses and voices are required to prevent unauthorized use in AI-generated content.
4. Legal Protections such as changes to contracts and legal frameworks need to be put in place to protect the rights of workers and creators in scenarios where AI is used, ensuring that there are clear guidelines for copyright and credit in AI-generated works.
Flowing from the above, it is clear that if it has hit the world-as it sure has, it is only a matter of time before it hits us in our territorial jurisdiction.
Consequently, there is now a need even more than ever before for sound , professional and futuristic legal frameworks and legal experts to help us navigate the ever changing AI landscape and begin to rethink old models and create new models that cater to the world before us that unfolds. This is why the launch of the HOJ law firm here in Abuja is not just timely but crucial because without the right legal guidance the everchanging landscape can cause AI to become a hindrance and not an edge for our society and economy. Indeed there are AI power law firms that can generate contract templates by just inputting keywords and terms by the author and voila, it’s done!
On the positive side, AI can help us to address issues of diversity and inclusion in our industry. By removing human biases from the creative process, AI has the potential to level the playing field and create more opportunities for underrepresented voices to be heard. However, we must also be vigilant in ensuring that the data used to train AI algorithms is diverse and representative of our society as a whole.
As we navigate the AI era, it is crucial that we approach these challenges with a spirit of collaboration and innovation. We must work together as an industry to develop ethical guidelines and best practices for the use of AI in our field. We must also invest in education and training to ensure that our workforce is equipped with the skills necessary to thrive in this new landscape.
In conclusion, the AI era presents both opportunities and challenges for the creative and entertainment industry. By confronting these issues head-on and working together to find solutions, we can harness the power of AI to create a more vibrant, inclusive, and innovative industry for all. Thank you
Audu Maikori Esq is Chairman / CoFounder of Chocolate City Group, Co-Founder / CEO Pixel Ray Studios, U.S.A.
