A controversial “actress” created by artificial intelligence has put the film industry on edge after its creators said they’re in talks with various talent agencies.
At first glance, Tilly Norwood is a brunette woman with striking green eyes who speaks with a British accent. Norwood’s Instagram showcases photos and a fully AI-generated comedy sketch, where it’s described as the “girl next door.”
“I may be AI, but I’m feeling very real emotions right now,” Norwood wrote on its Instagram page.
But Hawai‘i film advocates and the unions have condemned the synthetic performer and are urging state and federal lawmakers to create laws on regulating the rapidly evolving technology.
California was the first state in the country to set regulations on AI companies by requiring them to publicly disclose safety and security protocols, and report critical safety incidents.
Hawai‘i does not outright restrict the technology, but has passed a law that bans political deepfakes.
U.S. Rep. Ed Case said Congress is talking about AI regulation, but there has yet to be any introduced legislation. He added that California and Europe have been taking the lead in regulating AI.
“We do not want a patchwork of inconsistent laws and regulations across the country, where there’s perhaps too much regulation in some places or too little regulation in some places,” Case said.
Crossing the line
Hollywood has been bracing itself for the growing use of AI. Some film producers have used it to help map out a financial plan or outline a script to save money.
But film advocates are worried that AI might replace human talent, according to Irish Barber, a business representative for IATSE Local 665. The union represents behind-the-scenes employees in the entertainment industry.
“This technology is unlike any other,” Barber said. “It will change the landscape of our industry, but we're extremely resilient.”
Norwood is the latest creation from the London-based company Particle6. The AI production company, which was founded in 2015 by Eline Van der Velden, has produced fully-generated AI shows, avatars, commercials and campaigns.
The actors union SAG-AFTRA wrote in a statement that Norwood “is not an actor, it’s a character generated by a computer program that was trained on the work of countless professional performers — without permission or compensation.”
The statement added: “It has no life experience to draw from, no emotion and, from what we’ve seen, audiences aren’t interested in watching computer-generated content untethered from the human experience. It doesn’t solve any ʻproblemʻ — it creates the problem of using stolen performances to put actors out of work, jeopardizing performer livelihoods and devaluing human artistry."
Under SAG-AFTRA’s contract, studios may not use synthetic performers without giving notice and bargaining over terms. However, the contract doesn’t stop AI developers from scraping performances off the internet or from training models.
Several lawsuits have been filed by various companies like Disney and Warner Bros., alleging that AI companies have ripped off their content.
Bill Meyer, a principal at Honolulu-based law firm Settle Meyer Law, said there are legal complexities if someone were to sue a company for copyright infringement using AI.
“You can't put the toothpaste back in the tube,” Meyer said. “They've already done the scraping. They've already engaged in the conduct.”
Meyer added that a court needs to find proof of copyright infringement, and that’s on a case-by-case basis.
“The real difficult thing is, how do you measure damages and compensate the content makers whose work has been used without permission?” Meyer continued.
Authenticity
Native Hawaiian actress Krista Alvarez has been acting for 15 years, and was recently featured in the Hilo-based film “Chaperone.”
Alvarez said she's not only worried about her job, she’s worried about Native Hawaiian representation.
“From a cultural perspective, if they come up with a character who’s supposed to be a Hawaiian, now, we have that in the hands of whoever’s creating this character,” Alvarez said. “Are the cultural elements of this character going to be honored? Is it going to be authentic?”
Alvarez underscored the need for authenticity in the film industry. She said that’s one thing human actors have against AI actors, adding that film directors often appreciate that.
“They (film directors) want someone with an opinion,” she said. “They want someone who has a perspective, and oftentimes it's they're they're hiring the actor who has an interesting perspective that even surpassed what they possibly thought. That's the beauty and the magic with acting.”
Elliot Lucas of the Kauaʻi Film Academy said he’s against the creation of AI replicating a person, but he has used AI to help with his film.
“For me, AI is making our job cheaper and quicker,” he said. “Visual effects are easier. Cleaning audio is easier. Things that took us months to do in post production for ‘Too Much Life,’ now all of a sudden would have taken us five seconds.”
Norwood's creator wrote a written statement online that Norwood is not a replacement for a human being but a creative work.
But many say that AI is here to stay, and it’s up to humans to figure out how to adapt.
Hawaiʻi Public Radio exists to serve all of Hawai’i, and it’s the people of Hawai’i who keep us independent and strong. Help keep us strong to serve you in the future. Donate today.
