Drafting Credit: Sidratul Muntaha, Research Associate
Image credits: via Freepik
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Confusion is bound to occur when technology overtakes the law. Sora 2 was announced in September 2025 and it was established in as OpenAI’s latest video-generation system, building on the earlier Sora model, which itself quickly became the subject of copyright outrage.1 The application enables users to create hyper-realistic videos simply by writing descriptive text. Sora differs from other Gen AI models as it specialises in creating videos from text prompts, rather than focusing on texts and other media like images. While competitors focus on professional editing tools, Sora 2 prioritizes creating realistic, self-contained, and interactive video “worlds”. Sora 2 even has a special feature called “cameos” that allows you to upload videos of yourself or your friends that will be placed in AI generated videos, for example, you can put yourself in a video of someone ice skating on the moon.2 This development is not only transforming the definition of creativity but also complicating the concept of ownership.
In the days after the launch, the internet was overwhelmed with AI-generated recreations of copyrighted fictional characters and long-deceased public figures, including Martin Luther King Jr., Michael Jackson, and Whitney Houston.3 The model’s realism has been described by critics as so advanced that it poses unique risks for the creation of political deepfakes and misinformation compared to earlier tools. This wave triggered backlash from Hollywood studios.4 Japan’s Minister of State for Intellectual Property Strategy, Minoru Kiuchi, revealed at a Cabinet Office press conference that the government made a formal request to OpenAI through the Cabinet Office’s IP Strategy Promotion Secretariat and requested to stop using copyrighted anime and manga characters in its new video-generation tool.5 The industry group, Content Overseas Distribution Association (CODA), also played a major role and urged OpenAI to stop using Japanese works entirely until a proper legal framework was established.6 This request was supported by the “AI Promotion Act,” which allows the Japanese government to investigate AI systems suspected of infringing on rights and harming the creative industry of the country.
Opponents argue that Sora raises serious concern in copyright law, particularly concerning moral rights, consent and unauthorized use of copyrighted characters.7 The primary loophole essentially stemmed from the fact that Sora 2 flipped the traditional copyright norm, shifting from a “permission-first” framework to what is effectively a “use first, object later” model. Under traditional copyright principles, you generally need to get an “opt-in” or a license before you use someone else’s work. Sora 2, however, was launched with an “opt-out” system.8 This placed the practical burden on the creator or rights holder to find out their work is being used and then manually request its removal or “blocking”. Digital Minister Masaaki Taira also separately asked OpenAI to switch from an opt-out to an opt-in model, so copyright holders would be compensated when their characters are used.9 Within 72 hours of the launch, they switched the program to an opt-in model, giving more granular controls to the right holders.10 The opt-out system was the launch policy, not the permanent one, though the reversal itself was widely criticized as too slow and incomplete.
This highlights a familiar tension: freedom fuels innovation, but when ethics are not enforced, the responsibility shifts onto developers. Whether Sora ultimately reshapes or undermines creative rights will depend on the actions of regulators and society at large.
- Sora 2 is here, Open AI (30 Sept, 2025) https://openai.com/index/sora-2/. ↩︎
- Nikhil Pandey, OpenAI Launches Sora 2, Its New AI Video App To Rival TikTok And YouTube, NDTV (Oct 01, 2025 07:57 am IST), https://www.ndtv.com/feature/sora-2-openai-launches-new-video-generator-app-to-take-on-tiktok-and-youtube-9375343. ↩︎
- James R. Hood, Artists and Advocates Push Back on OpenAI’s Sora 2, ConsumerAffairs (Nov 12, 2025) https://www.consumeraffairs.com/news/artists-and-advocates-push-back-on-openais-sora-2-111225.html ↩︎
- Hollywood vs OpenAI: Disney, Warner Bros., and Other Studios Say No to Sora, TOI Tech Desk, Times of India (Oct 12, 2025, 21:15 IST), https://timesofindia.indiatimes.com/technology/tech-news/hollywood-vs-openai-disney-warner-bros-and-other-studios-say-no-to-sora/articleshow/124504322.cms ↩︎
- Brandon Vigliarolo, Japan tells OpenAI to stop spiriting away its copyrighted anime, The Register (15 Oct 2025, 20:15 UTC), https://www.gadgets360.com/ai/news/openai-sora-2-ai-videos-copyright-infringement-japan-characters-super-mario-pikachu-anime-report-9467248 ↩︎
- CODA Issues Written Request to OpenAI Regarding Sora 2, Content Overseas Distribution Association (Oct 28, 2025), https://coda-cj.jp/en/news/817/. ↩︎
- Rachel Barkin, OpenAI’s “Sora” Sparks Copyright and Fair Use Debate, OpenAI’s “Sora” Sparks Copyright and Fair Use Debate, Harvard Journal of Sports and Entertainment Law, Harvard Law School (Oct. 24, 2025), https://journals.law.harvard.edu/jsel/2025/10/openais-sora-sparks-copyright-debate/ ↩︎
- Dale Nelson, Sora 2 Does a Copyright Somersault Upon Launch, Forbes (Oct 17, 2025, 03:13pm EDT), https://www.forbes.com/sites/legalentertainment/2025/10/17/sora-2-does-a-copyright-somersault-upon-launch/. ↩︎
- Elizabeth Beattie, Japan’s government asks OpenAI to seek permission amid Sora 2 copyright concerns, The Japan Times (16 Oct, 2025) https://www.japantimes.co.jp/business/2025/10/16/companies/japan-opt-in-model-sora2/. ↩︎
- Supra note 8. ↩︎
