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76 Fla. L. Rev. Forum 1 (2024-2025)

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THE   CODE RED FOR COPYRIGHT LAW


                           Edward Lee*

            Our  haste from  hence is of so quick condition
          That  it prefers itself and leaves unquestion'd
                     Matters  of needful value.
                             - Shakespeare,   Measure  for Measure

                          INTRODUCTION

   When   Tyler  Perry  saw   one-minute   clips produced   through
Sora, OpenAI's   new  text-to-video generator,  the filmmaker   was
absolutely  stunned.1   [S]eeing  the capabilities,  it was  mind-
blowing,  he told The  Hollywood   Reporter.2 I had  no idea until
I saw  recently  the demonstrations of what it's able to do. It's
shocking  to me.3  Perry  wasn't  alone. Sora  had  many   creators
shook.4
   Perry,  who  has  already used  Al in two  movies,  sees its vast
potential   as  a  new cost-saving, creative tool for movie



     * Professor of Law, Illinois Tech Chicago-Kent College of Law; starting
August 2024, Santa Clara Law. Many thanks to Hal Krent, Pamela Samuelson, Dave
Schwartz, and Josh Sarnoff for their comments on earlier drafts of this essay. Thanks
also to the scholars acknowledged in my forthcoming article, who provided helpful
feedback.
     1. See Katie Kilkenny, Tyler Perry Puts $800M Studio Expansion on Hold After
Seeing OpenAI's Sora: Jobs Are Going to Be Lost, HOLLYWOOD REP. (Feb. 22, 2024,
4:07 PM), https://www.hollywoodreporter.com/business/business-news/tyler-perry-
ai-alarm-1235833276/ [https://perma.cc/F38W-RHDK].
     2. Id.
     3. Id.
     4. See, e.g., Marques Brownlee (@MKBHD), TWITTER (Feb. 15, 2024, 1:43 PM),
https://twitter.com/mkbhd/status/1758200479224410420  [https://perma.ce/PQ2N-
CT43] (Every single one of these videos is Al-generated, and if that doesn't concern
you at least a little bit, nothing will[.]); Niamh Ancell, Sora's shaking up Hollywood,
CYBERNEWS,  (Feb. 27, 2024, 8:52 AM), https://cybernews.com/editorial/soras-
shaking-up-hollywood/ [https://perma.ce/2JM7-YKCF] (The technology has left
people awe-inspired yet left me questioning the effect it will have on
industries . . . .); Tony Ho Tran, OpenAI's Video Generator Sora Is Stunning and
Utterly Terrifying, DAILY BEAST, https://www.thedailybeast.com/openais-video-
generator-sora-is-stunning-and-utterly-terrifying  [https://perma.ce/6Z38-NKTU]
(Technology like Sora holds the potential not just to disrupt industries . . . but to
completely obliterate them. . . . The videos are impressive, but utterly terrifying
when you stop to consider the model's implications.); Brian Welk, Is OpenAI's Sora
the Filmmaking Apocalypse, or Just a Great Demo for a Tech Company?, INDIEWIRE
(Feb. 26, 2024, 10:30 AM), https://www.indiewire.com/news/business/openai-sora-
analysis-filmmaking-apocalypse-great-demo-tech-company-1234955252/
[https://perma.cc/J98A-TTCN] (reporting creators' surprise at Sora's capabilities,
and their fears about Sora).

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