TLDR: Davis Wright Tremaine’s ‘The Generative Slate’ series explores how generative AI is reshaping authorship, particularly in film and television. The article highlights the complexities AI introduces to copyright, chain of title, and the definition of creative contribution, emphasizing the U.S. Copyright Office’s stance on human creativity and the duty to disclose AI use.
In an insightful analysis titled ‘The Generative Slate: The Future of Authorship,’ Davis Wright Tremaine delves into the profound implications of generative artificial intelligence (AI) on the entertainment industry, specifically concerning copyright, chain of title, and the evolving meaning of authorship in film and television. Authored by Nicolas A. Jampol and published on August 15, 2025, this piece is part of DWT’s ongoing series examining AI’s role in content production and distribution.
The article clarifies that while AI may not be penning entire prestige television episodes, its influence is increasingly felt behind the scenes. Despite initial concerns during the WGA strike regarding AI as a creative threat, the subsequent deal did not prohibit its use. Consequently, many writers are now leveraging AI for various stages of content creation, from brainstorming ideas and generating high-level concepts to outlining and even drafting full scripts.
This integration of AI raises significant questions from a copyright perspective. The U.S. Copyright Office maintains that only human creativity is eligible for protection. Therefore, if AI-generated material constitutes a ‘significant’ contribution to a pitch, treatment, or script, it could potentially jeopardize the copyrightability of the entire work. The more substantial the AI’s expressive input, the higher the risk of copyright challenges. However, using AI for initial ideation or to spark creative direction is less likely to raise such concerns.
Furthermore, the United States currently mandates the disclosure of AI use when registering a work with an ‘appreciable’ amount of AI-generated material for copyright. The U.S. Copyright Office has already rescinded registrations where AI contributions were not properly declared, even in cases where authors employed complex, iterative prompts to achieve their desired output. This underscores the critical need for content creators to be aware of these developments.
The discussion also extends to the ‘chain of title,’ a crucial aspect of intellectual property. Undisclosed or unowned AI-generated material within a project could undermine its value, potentially leading buyers to acquire what they believe is a fully protectable script, only to discover during due diligence that portions may lack full protection. As legal frameworks evolve, the chain-of-title diligence process will increasingly involve assessing AI’s role in content creation.
Also Read:
- EU Parliament Study Urges Major Copyright Reforms for Generative AI Training
- Generative AI in Education: Balancing Innovation and Integrity
Davis Wright Tremaine emphasizes that while writers remain the cornerstone of storytelling, studios must comprehend the extent of AI integration in their creative pipelines to ensure they can effectively own, register, and protect their intellectual property. The firm pledges to continue monitoring generative AI’s impact on content production and distribution, particularly concerning the protectability and registrability of human-authored content that incorporates AI-generated elements.
