Performers should have Hollywood-style AI protections, advisory group warns

Government’s AI advisory committee recommends increased protections as technology advances

Striking SAG-AFTRA members and supporters picket outside Paramount Studios in Los Angeles.
Striking SAG-AFTRA members and supporters picket outside Paramount Studios in Los Angeles.

Ireland should introduce Hollywood-style laws adopted in the aftermath of the 2023 actors’ strike to protect performers’ rights in an era of advancing AI technologies, a high-level advisory group has told Government.

Grants, tax cuts and the extension of Universal Basic Income (UBI) have also been recommended as part of a strategic approach to AI and its effects on the creative sector.

The so-called Sag-Aftra Agreement in the US introduced protections for performers against the unauthorised use of voice, image, and likeness in AI applications.

American actors and writers went on strike for months with eventual negotiations closely focused on the use of AI and its potential damage to the industry.

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In a recent position paper, a subgroup of Ireland’s Artificial Intelligence Advisory Council (AIAC) – an expert body established to guide Government on related policy matters – has recommended a similar regime.

The US agreement requires explicit written consent for digital replication or alteration of a performer’s “attributes”, even after death.

“Adopting similar protections in Irish legislation would ensure performers’ rights are safeguarded amid advancing AI technologies,” the AIAC advised.

“This framework would not only protect individual autonomy but also counter malicious applications such as deepfakes.”

Deepfakes are false, generally unauthorised AI generated images of a person.

The wider Impact of AI on Ireland’s Creative Sector document has also highlighted the possibility of extending a Universal Basic Income (UBI) to creators who use the technology.

A €105 million 2022 pilot project for general artists guaranteed an income of €325 a week and was hailed by then arts minister Catherine Martin as “ground breaking”.

The AIAC report said expanding the scheme to creators affected by AI disruption could support their adaptation to new economic realities.

“This measure would help preserve Ireland’s cultural identity and ensure the sustainability of creative careers,” it said.

According to the council, AI disruption could be defined as a measurable loss of income or employment opportunities as a direct consequence of generative AI producing creative content.

It also “strongly” recommended State financial supports, such as grants or tax incentives, to help creators adopt AI tools for content creation which would ensure universal access, particularly for smaller creators. It also called for the establishment of innovation hubs.

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“These measures would enhance creativity, drive global competitiveness, and position Ireland as a leader in AI-driven cultural innovation,” it said.

Ireland could also consider implementing a “personality right”, the AIAC said, similar to those in parts of the US and under discussion in the UK. Such a step would be designed to provide robust legal protection for individuals, including public figures, against unauthorised digital cloning or imitation of their likeness.

This would be done to protect people from economic exploitation; the privacy and reputational threats posed by deepfakes; and to ensure accountability for AI-generated likenesses.

In its wide-ranging report, the AIAC also said it was imperative that Government considers whether Irish copyright law and licensing regimes were sufficient in the emerging AI era.

“AI is reshaping Ireland’s creative sector, presenting both transformative opportunities and significant risks for creators and the preservation of cultural identity,” it said.

“To ensure a sustainable future for the creative industries, Ireland must be proactive and adapt its legal and policy frameworks to balance innovation with cultural and economic protections.”

Mark Hilliard

Mark Hilliard

Mark Hilliard is a reporter with The Irish Times