Artificial intelligence is quickly becoming a behind-the-scenes force in film and television. From script development to visual effects, AI tools are helping creators move faster and experiment more boldly. But as the technology evolves, so do the legal questions – especially around copyright and ownership.
AI on Set
AI is already being used at nearly every stage of production. Writers use it to brainstorm ideas or generate dialogue. Producers use AI tools to forecast budgets and audience performance. Editors and VFX teams rely on AI for tasks like de-aging actors, enhancing footage, or even generating entire digital environments.
These tools can save time and money – but they also blur traditional lines of authorship.
Who Owns AI-Generated Content?
Under the Copyright Act (Canada), copyright generally belongs to the “author” of a work. The catch? Canadian law assumes that an author is human. If an AI system generates a script, image, or piece of music with minimal human input, it’s not entirely clear who, if anyone, owns the copyright.
In many cases, producers try to ensure that a human creator is meaningfully involved in the process. That way, the resulting work is more likely to qualify for copyright protection. Contracts are also evolving to address this uncertainty, often specifying that all AI-assisted outputs are owned by the production company.
The Hidden Risk: Training Data
Another major issue is what goes into the AI system in the first place. Many AI tools are trained on vast datasets that may include copyrighted material – films, scripts, images, and music – often without explicit permission.
This raises a key legal question: Is using AI that was trained on copyrighted work a form of infringement? Canadian courts haven’t fully answered this yet. However, there is ongoing debate about whether such use could fall under “fair dealing” (a limited exception in Canadian copyright law) or whether it requires licensing.
For filmmakers, if AI is going to be utilized, the safest approach is to use licensed, reputable AI tools and to understand how those tools were trained.
Likeness, Voice, and Consent
AI can now replicate an actor’s face or voice with startling accuracy. While this opens creative possibilities, it also raises concerns about consent and personality rights.
In Canada, performers may have rights related to the commercial use of their image or voice, even outside of copyright law. Using AI to recreate someone’s likeness without permission may lead to legal claims – especially in provinces that recognize privacy or personality rights.
As a result, contracts with actors increasingly include AI-specific clauses, addressing how their image and voice can (or cannot) be used.
Insurance and Distribution Concerns
Distributors and insurers are also paying close attention. Errors and omissions (E&O) insurers, required for most film releases, may ask detailed questions about AI use in a production. If there’s uncertainty about ownership or infringement, it could delay or even block distribution.
The Bottom Line
AI is opening exciting new doors for filmmakers, but it’s also creating a legal landscape that’s still catching up. In Canada, where copyright law is built around human authorship, the safest path forward is transparency, clear contracts, and cautious use of AI tools.
For now, the message to creators is simple: embrace the technology, but make sure your legal foundations are just as strong as your creative vision.
