A run through of key areas in which the changing AI legal landscape is affecting game studios, from acting to advertising

Game studios have a lot to navigate when it comes to AI use. Generative AI is increasingly becoming embedded in the game development process, and at the same time, the laws, regulations, and guidelines surrounding it are on the rise. Each landmark case brings with it new nuances around how AI should and could be adopted.

So alongside grappling with the general, broader uptick in games regulation (see this article for more on how recent laws affect game design), studios also have to contend with the specific legal risks around the use of generative AI and its changing laws. These changes run parallel to any requirements a studio might have with its partners and any AI policies that they might require

Knowing how to address the myriad new legal considerations and compliance requirements can understandably seem a daunting task. So here is a high-level run through of some of the key areas in which the changing AI legal landscape is affecting game studios.

The nature of LLM training (namely the ingestion of data sets containing a wide array of third party works, in many cases without consent) creates a risk that AI-generated output could occasionally contain infringing material. This is setting aside the fiddly issue of potential infringement at the training level.

There is another potential risk in that many AI tools require that any works inputted or generated by a third party AI tool are licensed back to that tool provider.

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