SAG-AFTRA Still Far from AI Deal with Games Industry

The Screen Actors Guild - American Federation of Television and Radio Artists (SAG-AFTRA) has provided an update to its members on the ongoing negotiations regarding AI protections for video game actors. Despite some progress, the guild remains "frustratingly far apart" from the industry's bargaining group on several critical issues. The guild has released a chart highlighting the disparities between their proposals and those of the bargaining group, which includes representatives from major AAA gaming companies. Key points of contention include:

• Protection from digital replica or generative AI use for all work, not just work produced after the agreement's effective date.
• A definition of "digital replica": SAG-AFTRA wants to include any performance, vocal or movement, that is "readily identifiable or attributable to" a performer based on work contracts. The bargaining group prefers "objectively identifiable," which SAG-AFTRA believes could exclude many performances.
• The inclusion of "movement" performers in the generative AI agreement.
• The use of the phrase "real-time generation" for AI-created performances, while the bargaining group suggests "procedural generation," which SAG-AFTRA argues has a different meaning in games.
• Disclosure requirements for employers regarding blending voices to create digital replicas.
• Disclosure about whether an actor's voice will be used for a real-time chatbot or just for scripted dialogue in game development.
• SAG-AFTRA's proposal to withdraw consent for digital replica use during a strike, whereas employers want to continue using them, including on struck games.
• The duration of consent for real-time generation: SAG-AFTRA proposes five years with renewal, while the bargaining group seeks unlimited consent.
• Minimum payment for digital replica creation and use, with tentative agreement on bonus pay calculations.
• A proposal from the bargaining group that mirrors a SAG-AFTRA TV/Film agreement, granting bonus rights to employers for a premium payment, which SAG-AFTRA deems too broad and potentially circumventing union rights.
• SAG-AFTRA's desire to implement a system to track digital replica usage to ensure proper compensation, which the bargaining group considers unfeasible.
• Specific definitions and regulations for "synthetic" performers created entirely by generative AI systems.

Despite these differences, the chart indicates that tentative agreements have been reached on several other issues, such as bonus pay, dispute resolution, certain elements of minimum compensation, consent requirements, and some disclosures to performers. However, SAG-AFTRA expresses concern that the bargaining employers are misrepresenting the proximity to a deal to members. Duncan Crabtree-Ireland, SAG-AFTRA's national executive director and chief negotiator, emphasized the ongoing impact of the strike:

With their previously signed projects dragging their way through the production pipeline, employers are feeling the squeeze from the strike, as SAG-AFTRA members who work in video games continue to stand together and refuse to work without adequate protections. This is causing employers to seek other performers they can exploit to fill those roles, including those who don’t typically perform in games. If you’re approached for such a role, we urge you to seriously consider the consequences. Not only would you be undermining the efforts of your fellow members, but you would be putting yourself at risk by working without protections against A.I. misuse. And “A.I. misuse” is just a nice way of saying that these companies want to use your performance to replace you — without consent or compensation.

In response, Audrey Cooling, spokesperson for the video game industry bargaining group, stated:

We have proposed a deal that includes wage increases of over 15% for SAG-AFTRA represented performers in video games, as well as enhanced health and safety protections, industry-leading terms of use for AI digital replicas in-game and additional compensation for the use of an actor’s performance in other games. We have made meaningful progress and are eager to return to the bargaining table to reach a deal.

The SAG-AFTRA video game strike, now in its eighth month, was initiated due to disagreements over AI provisions, with 24 out of 25 other contract proposals having been agreed upon. The strike's impact is becoming increasingly visible across the industry. Players have noticed unvoiced NPCs in games like Destiny 2 and World of Warcraft. Additionally, SAG-AFTRA struck League of Legends after Riot allegedly attempted to subvert the strike by canceling a game. Activision confirmed recasting characters in Call of Duty: Black Ops 6 following player concerns about new voices. Most recently, two Zenless Zone Zero voice actors discovered their replacement through the game's latest patch notes.