Why Disney’s Sora Deal Marks a Turning Point in the AI Wars

OpenAI released Sora 2 in October, unleashing a flood of copyright violations onto the internet. But instead of suing the company, or even threatening to do so, Disney is now teaming up with it.

In a remarkable deal announced Dec. 11, Disney will allow millions of Sora users to do (almost) anything with 200 iconic characters, including Darth Vader, Elsa and even Mickey Mouse.

That’s the sort of abuse Disney seemed to be trying to prevent when it sued the AI studio Midjourney in July. Turns out the battle was never to stop AI, but rather to have some say in it. Disney’s choice is likely to have broad ramifications across Hollywood and tech.

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“Anytime the mega-mouse moves, markets react and people take notice,” says Adam Eisgrau, senior director at tech policy group Chamber of Progress.

The law is still unsettled about whether AI technology — specifically, copying and training on copyrighted work — is legal. But Eisgrau sees the deal between Disney and OpenAI as a tacit acknowledgment that it is — especially significant in light of Disney’s zealous defense of copyright.

“It’s hard to see any scenario in which Disney would have opted to go this route without them first calculating that AI training was almost certainly going to be found to be fair use,” he says.

The creative community is not about to give up that fight. And it also found something to cheer in the deal: a recognition from OpenAI that it has to get a license to replicate Disney’s characters.

“The market is beginning to speak, and it is saying that human art is valuable and artists must be paid,” says a spokesperson for the Human Artistry Campaign, a coalition that includes several Hollywood unions. The organization described the deal as “a meaningful step forward — and a warning sign blinking red to holdouts demanding the right to scrape the entire internet and use all of human creativity without permission or pay.”

Disney appears to be of two minds on the issue. On Dec. 10, the company demanded that Google stop training its AI tools on Disney characters, saying it “will not tolerate” unauthorized uses. Yet it is tolerating the same conduct from OpenAI, which didn’t gain the right to train on Disney characters even while it is allowed to reproduce them. In fact, it isn’t merely tolerating it — it’s investing $1 billion in the company.

The Animation Guild has no jurisdiction over user-generated content, but expressed concerns about the deal. Disney said it would use OpenAI’s application interfaces “to build new products, tools, and experiences.” Steve Kaplan, the union’s business representative, says that raises alarms.

“It’s vague yet alludes to the potential implementation of generative tools in the animation pipeline,” he says. “We will meet with Disney to discuss what ‘human-centered AI’ looks like and how they plan to respect creative industries.”

The union fought for tough safeguards against AI in its contract last year, but walked away with provisions that many felt were too weak. A militant faction has since pushed for more aggressive measures, including preparations for a strike.

Disney had been in talks with OpenAI for months, but the announcement came as a surprise to the union. The most vocal AI critics saw that as vindication of their deepest concerns.

“We were all blindsided,” says one such member. “We need to come out saying we’re launching a full investigation of this.”

Disney also announced that some Sora subscribers will have their videos appear on Disney+. “So now you’re paying to make content for Disney,” says Sam Tung, co-chair of the union’s AI Task Force.

That content could end up as a testing ground for future storylines on Disney shows — or simply compete with professionally made work for viewers’ attention. Tung says he is both disappointed and baffled by Disney’s decision.

“I’m an optimist. My glass-half-full response is that people hate AI,” he says. “I’ll be surprised if any of this hits. I’m doubtful it will prove to be as lucrative for them as I’m sure they’re hoping it will be.”