Netflix Welcomes AI In Its Originals, As Long As These AI Principles Are Respected

Netflix disclosed a few weeks ago the use of generative AI technology for specific special effects in an original TV show that became a hit with viewers earlier this year. The company called AI "an incredible opportunity" for improving productions while cutting costs. Previously, Netflix had experienced backlash from users, after a true-crime documentary featured photos created with AI. Netflix has also used AI to upscale an old sitcom.

These AI developments might explain why Netflix published a detailed blog post to help guide its content partners when considering the use of generative AI software during the various production stages of new TV shows and movies. "Generative AI tools (GenAI) that allow users to rapidly generate new and creatively unique media (video, sound, text, and image) are increasingly being used across creative workflows in Content Production," the company said. "At Netflix, we see these tools as valuable creative aids when used transparently and responsibly."

The guide should inform Netflix's partners when and how to use AI tools during production, and whether the use of AI programs to create content for Netflix requires more oversight from the streamer's legal department. Regardless of the complexity and scope of AI use during production, all of Netflix's partners should disclose these tools to the streamer.

Netflix published the following "guiding principles" that its partners should consider when thinking about generative AI tools:

1. The outputs do not replicate or substantially recreate identifiable characteristics of unowned or copyrighted material, or infringe any copyright-protected works.
2. The generative tools used do not store, reuse, or train on production data inputs or outputs.
3. Where possible, generative tools are used in an enterprise-secured environment to safeguard inputs.
4. Generated material is temporary and not part of the final deliverables.
5. GenAI is not used to replace or generate new talent performances or union-covered work without consent.

Content creators who can say "yes" to all these conditions "confidently" only need to inform Netflix that they intend to use AI tools during their workflow. Legal oversight from Netflix will be needed if creators aren't sure they're respecting these guidelines in full. 

Netflix also stressed the need to protect data while using AI products. Specifically, Netflix is worried about third-party tools that might use submitted data to train their AI models. The streamer advises creators not to use proprietary materials with third-party AI tools without approval, or to help train any AI models using materials whose rights they might not own.

The company also explained that "AI-generated content must be used with care, especially when it forms a visible or story-critical part of the production. Whether you're designing a world, a character, or artwork that appears in a scene, the same creative and legal standards apply as with traditionally produced assets." Netflix advises creators not to use AI tools to create "main characters, key visual elements, or fictional settings that are central to the story without written approval."

Later in the blog post, Netflix noted that "Audiences should be able to trust what they see and hear on screen. GenAI (if used without care) can blur the line between fiction and reality or unintentionally mislead viewers." The streamer is asking content creators "to consider both the intent and the impact of your AI-generated content." For example, AI should not be used to create content that could be mistaken for real people or events.

Also, the Netflix support document notes that "respect for performers and their work is foundational to the responsible use of GenAI," advising creators that "the threshold for consent and care is exceptionally high when the intent or character of a performance may be altered" with AI tools. Therefore, AI should not be used to alter an artist's performance without explicit approval and union considerations.

While Netflix's AI guidelines are welcome to ensure transparency and trust, it's unclear whether consumers will actually be informed that a Netflix original TV show or movie contains AI-generated content. Netflix makes no mention of labeling AI content in these creations. Instead, the company only seems to look at the legal implications around data privacy, copyright content, misleading viewers, and the use of AI to enhance or alter artist performances.