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The Impact of AI Negotiations on Writers and Human Resources: A Historic Precedent

WGA members are marching the picket line.

The writer’s strike may be over, but the precedent and its impact for many human resources departments has only just begin in this new era of A.I.

Writers are rejoicing the new agreement, and HR departments everywhere should be taking notice.

In a groundbreaking development for the entertainment industry, the Writers Guild of America (WGA) has successfully concluded a historic agreement with Hollywood studios, effectively putting an end to the nearly five-month-long writers' strike. Commencing on Wednesday, writers will resume their work under the new contract's provisions, marking a significant turning point for the world of scripted entertainment as well as some guardrails for artificial intelligence.


The Role of AI in the Strike and Human Resources

During the protracted strike, one issue loomed large and contentious: the role of artificial intelligence (AI) in the creative process. Specifically, text-based generative AI tools, exemplified by ChatGPT, emerged as a focal point of concern for both writers and studios. Writers, in particular, expressed apprehension that studios might exploit these rapidly advancing AI technologies to circumvent fair compensation for union members. Such apprehension underscores the overarching concern within the writing community about the potential misuse of AI in the creative field and its implications for the future of compensation in all sorts of other industries. Human resources departments ought to take note, and fast.

Safeguards for Writers and Human Resources

The new contract negotiated by the WGA addresses these concerns by imposing clear restrictions on the use of AI in writers' rooms. Under the terms of the agreement, AI is prohibited from being employed to write or rewrite scripts, and any content generated by AI cannot be considered source material. This stipulation ensures that writers receive proper credit for their work and are not deprived of their rightful writing credits due to AI-generated content, a significant win for human resources within the entertainment industry.

Moreover, at the individual level, writers retain the autonomy to choose whether they wish to employ AI tools. Crucially, the contract explicitly forbids any company from mandating the use of specific AI tools during production. Studios are also required to inform writers if they provide any AI-generated materials for integration into their projects, an essential consideration for human resources planning.

If you don’t believe this precedent will be mirrored in other fields, boy do I have a bridge to sell you. We here at Nimble Advisors think this aspect of the agreement whereby the writers can decide how and when to augment their writing talent with generative AI material, but cannot be forced to leverage the technology by a studio or employer will set the ball rolling on how this revolutionary technology will be employed by others.

Defending Writers' Material and Human Resources

In a significant show of support for writers, the WGA contract asserts, "The WGA reserves the right to assert that the exploitation of writers' material for training AI is prohibited under [the contract] or other applicable laws." This provision reflects the union's unwavering commitment to safeguarding its members' creative output and ensuring that it is not used to train studios' AI systems, thereby protecting the interests of human resources.

Legal Complexities and Implications for Human Resources

The legal landscape concerning the interaction between large language models like ChatGPT and copyrighted material remains murky. However, the WGA's negotiated agreement serves as a robust precedent, establishing clear boundaries on how AI can be harnessed within creative professions. This landmark contract sets a precedent for addressing the challenges posed by AI in the entertainment industry, offering valuable insights for human resources professionals.

Here are three considerations for human resources professionals in light of the emergence of this agreement:

  1. Organizations may be more likely to adopt ethical guidelines for the development and use of AI. The writer's strike has highlighted the potential for AI to be used in ways that are harmful to workers. As a result, organizations may be more likely to adopt ethical guidelines to ensure that their AI systems are developed and used in a responsible and ethical manner.

  2. Organizations may be more likely to engage with workers when developing AI policies. The writer's strike has shown that workers are willing to fight for their rights in relation to AI. As a result, organizations may be more likely to gain buy-in from their workers over AI policies, we would argue organizations should actively involve their employees in the drafting of AI policies.

  3. Organizations may be more likely to invest in training and development programs to help workers adapt to the changing workplace. The writer's strike has shown that workers are concerned about the impact of AI on their jobs. As a result, organizations may be more likely to invest in training and development programs to help workers adapt to the changing workplace and develop the skills they need to succeed in the future when working alongside AI tools.

Conclusion: Balancing Creativity and Technology in Human Resources

In conclusion, the resolution of the writers' strike and the ensuing agreement between the WGA and Hollywood studios mark a pivotal moment in the entertainment industry. By addressing the challenges posed by AI in a rapidly evolving landscape, this agreement upholds the rights and creative contributions of writers, setting a compelling example for the broader creative community and highlighting the importance of human resources considerations. As the entertainment industry navigates the transformative impact of AI, this historic resolution paves the way for equitable collaboration between human creativity and technological innovation while safeguarding human resources interests.