OpenAI has rolled out its new short-form video app Sora this week, which has attracted a wave of users who are flooding the platform with AI-created videos featuring well-known brands and animated figures.
Experts warn that the startup may soon find itself facing a barrage of copyright litigation, according to CNBC.
“Many of the videos created featuring these animated figures are likely to breach copyright,” stated Mark Lemley, a law professor at Stanford, during an interview. “By doing this, OpenAI is exposing itself to a significant number of copyright lawsuits.”
Sora permits users to effortlessly produce brief videos by entering a prompt. The app is currently available solely on iOS platforms and operates on an invite-only basis; users need a code for access.
Since its debut on Tuesday, Sora has already ascended to the pinnacle of Apple’s App Store.
CNBC accessed Sora on Wednesday and has seen videos containing characters from series such as “SpongeBob SquarePants,” “Rick and Morty,” and “South Park,” along with films like “Despicable Me.”
One clip depicted OpenAI CEO Sam Altman in a field accompanied by several Pokémon characters, expressing, “I hope Nintendo doesn’t file a lawsuit against us.” Another showed the fictional McDonald’s mascot Ronald McDonald escaping from police in a burger-shaped vehicle.
CNBC also successfully generated various characters and logos independently, including Ronald McDonald, Patrick Star from “SpongeBob SquarePants,” Pikachu from Pokémon, a Starbucks coffee cup, and characters from “The Simpsons.”
McDonald’s opted not to provide a comment. The other companies responsible for these characters and logos did not reply to CNBC’s inquiries.
“Individuals are excited to connect with their loved ones through their imaginations, along with narratives, characters, and universes they cherish, and we recognize new prospects for creators to enhance their engagement with fans,” stated Varun Shetty, OpenAI’s media partnerships lead, in a statement. “We will collaborate with rights holders to restrict characters from Sora at their request and address takedown requests as necessary.”
With AI startups rapidly transforming the methods by which individuals interact with online content, media entities and other brands have initiated a series of new legal conflicts to safeguard their intellectual property.
Disney and Universal have filed lawsuits against the AI image creator Midjourney, claiming that the firm inappropriately utilized and disseminated AI-generated characters from their films. Disney also issued a cease and desist letter to Character.AI last week, cautioning the startup to cease unauthorized use of its copyrighted characters.
Characters are subject to copyright protection — which prohibits third parties from using copyrighted or original characters without consent — and Sora appears to be a new hotspot for infringement conflicts.
If a company relinquishes control over the actions and dialogue of its copyrighted characters in user-generated videos, it will lead to complications, according to Lemley.
“You can see why Taylor Swift would prefer — even if adult content is eliminated — to avoid videos that claim she says things she has never said,” he explained. “The same principle will likely apply to animated characters.”
OpenAI stated that it honors takedown requests filed through its “Copyright Disputes” form, which enables content owners to flag specific content. Users can also report videos for copyright and trademark infringement directly via the app.
The organization asserted that these actions provide specificity on a character basis and differ from a general opt-out.
Before the app was launched, OpenAI reportedly offered some talent agencies and studios the choice to opt-out of Sora and avoid their copyrighted materials, as per the Wall Street Journal.
This kind of arrangement is considered unusual, as explained by Jason Bloom, a partner and head of the intellectual property litigation practice group at the law firm Haynes Boone. Generally, third parties must obtain explicit permission to use someone else’s work under copyright regulations.
“You cannot simply post a notice to the public stating that we intend to use everyone’s works unless they instruct us not to,” he said. “That is not how copyright operates.”
OpenAI confirmed that it has implemented measures to address potential safety issues associated with the Sora application, including providing users with explicit control over how their likeness is represented on the platform.
Users can opt to create a “cameo” of themselves to include in videos, and they have direct control over who can view it. Practically, this means users are unable to create videos of another individual or public figure without that person’s explicit consent.
In a blog entry last Friday, Altman indicated that similar, more specific controls will be introduced for rights holders.
“We anticipate that various individuals will explore unique approaches and determine what works best for them,” Altman stated. “However, we strive to maintain the same standards for everyone and enable rights holders to decide how to move forward (our ultimate goal is to make it so appealing that numerous people wish to participate).”
