Screenwriters, AI, and the Copyright Conundrum: Ethical Considerations in the Age of Digital Innovation

Divine Catch - Fishing Trawler
3 min readJul 30, 2023

In the digital era, where the creation and sharing of content is effortless, copyright infringement has become a contentious issue. The intersection of screenwriting, artificial intelligence (AI), and copyright law adds a complex dimension to this debate. The question arises: Is it ethical for a machine to decide what constitutes copyright infringement, especially in the realm of screenwriting?

A New Frontier in Screenwriting: AI-Generated Screenplays

AI-generated screenplays are a remarkable innovation in the world of cinema. Here’s a random list of some current top AI-generated screenplays, showcasing the diversity of narratives created by machines:

  • Ghost Mayor: A whimsical political tale where a ghost runs for mayor of Chicago.
  • Anarene: A small-town drug story exploring the dark underbelly of addiction.
  • Gravestones: A thought-provoking drama revolving around a high school science project that uncovers anti-Semitism in central Texas.
  • Curators: A gripping narrative where Islamic librarians must protect millions of books from destruction by fundamentalists.
  • Lev: A poignant story of an autistic Moscow boy’s quest to find his mother amidst Stalin’s purges.
  • Metro2: A fantastical thriller where the President of Russia seeks shelter in the Metro when a Nazi army suddenly appears in contemporary Moscow.

These screenplays, though created by algorithms, display a rich array of themes and storytelling techniques. But how does AI engage with the ethical considerations of copyright infringement?

The Ethical Implications of AI in Copyright Infringement

1. Understanding Creative Ownership

Copyright law exists to protect the originality and intellectual property of creators. Can AI truly grasp the nuanced boundaries of inspiration, homage, and infringement?

2. The Grey Area of Creativity

Several films like “The Pirate Bay: Away from Keyboard” (2013), “Steal This Film” (2006), and “Dope” (2015) have explored themes of copyright infringement, often blurring the lines between legal and illegal practices. How would AI interpret these grey areas?

3. Bias and Misjudgment

Can algorithms be free from bias? AI might inadvertently flag legitimate works as infringements, leading to unjust censorship.

4. Transparency and Trust

What algorithms and criteria are used to make these decisions, and how transparent are they? Without clear guidelines, trust in the system is eroded.

Navigating the Complex Terrain

A collaborative approach between AI and human judgment might offer the most balanced solution. While AI can sift through vast amounts of data to identify potential infringement, human experts can weigh in with context, intent, and an understanding of the cultural landscape.

Conclusion

The world of screenwriting is undergoing a transformation with AI’s entry into the creative process. As fascinating as these developments are, they raise critical ethical considerations, especially concerning copyright infringement.

A machine’s ability to determine copyright infringement involves complex judgment and an understanding of both legal principles and human creativity. While AI can be a valuable tool in identifying potential violations, it cannot replace the human capacity for nuanced understanding.

As we move forward, a careful and considered approach that honors the principles of creative ownership and freedom of expression will be vital. It’s not just about enforcing laws but nurturing an environment where creativity can flourish without fear of undue censorship or infringement.

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