Paramount Issues Cease and Desist to ByteDance Over AI Infringement

Ricky Gervais

Comedian, writer, and actor who created "The Office" and writes provocatively on comedy and society.

Major entertainment corporations, including Paramount and Disney, are taking stern action against ByteDance, the Chinese internet conglomerate, over alleged intellectual property violations. This crackdown centers on ByteDance's artificial intelligence platforms, Seedance and Seedream, which are accused of illegally generating content featuring copyrighted characters and franchises. The entertainment industry's concerns are escalating as AI technology advances, raising complex questions about ownership and fair use in the digital age.

Paramount Skydance formally issued a cease-and-desist letter to ByteDance, specifically addressing CEO Liang Rubo, on Saturday. This legal document, obtained by Variety, explicitly accuses ByteDance of "blatant infringement" by utilizing proprietary content from beloved franchises such as "South Park," "Star Trek," "The Godfather," and "Dora the Explorer" within its AI-generated videos and images. Paramount emphasizes that these platforms are creating visual and auditory depictions virtually indistinguishable from their original copyrighted works.

This move by Paramount comes on the heels of a similar legal demand made by Disney to ByteDance on Friday. Disney's letter highlighted the unauthorized use of its extensive library, including characters from "Star Wars" and Marvel, suggesting that ByteDance's AI models are treating Disney's highly valuable intellectual property as if it were public domain material. David Singer, representing Disney from Jenner & Block, characterized ByteDance's actions as a "willful, pervasive, and totally unacceptable virtual smash-and-grab" of their intellectual property.

The emergence of Seedance as a prominent AI video system has sparked considerable alarm throughout Hollywood. Viral videos generated by Seedance 2.0, notably one depicting actors Tom Cruise and Brad Pitt in a fabricated rooftop fight scene, have drawn widespread criticism. The Motion Picture Association publicly condemned ByteDance, urging an immediate halt to what they perceive as infringing activities. Similarly, SAG-AFTRA, the actors' union, and the Human Artistry Campaign, a collective of artists' rights organizations affiliated with Hollywood unions, have voiced strong opposition to ByteDance's AI model, underscoring the collective concern within the creative community.

In its communication, Gabriel Miller, Paramount Skydance's head of intellectual property, underscored that the AI-generated content often contains "vivid depictions" of Paramount’s well-known franchises and characters. He stressed that these are legally protected under copyright, trademark, and unfair competition laws. Miller further noted that with the recent introduction of Seedance 2.0, ByteDance’s infringing activities appear to be intensifying, leading to a broader dissemination of unlawful outputs. Paramount Skydance's letter explicitly demands that ByteDance implement all necessary measures to prevent future intellectual property violations, ensuring their content is neither used nor created by Seedance platforms, and to remove all existing infringing content from ByteDance's systems.

The burgeoning legal confrontations between major Hollywood studios and ByteDance highlight a pivotal moment in the intersection of artificial intelligence and intellectual property. As AI technologies become increasingly sophisticated in generating realistic media, the entertainment industry faces new challenges in protecting its creative works. These cease-and-desist letters serve as a clear message that content creators are prepared to vigorously defend their copyrighted material against unauthorized use by AI platforms, setting precedents for future disputes in the evolving digital landscape.

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