SAG-AFTRA and Games Industry Still Far Apart on AI Protections

The Screen Actors Guild - American Federation of Television and Radio Artists (SAG-AFTRA) has provided an update to its members regarding the ongoing negotiations for video game actor AI protections. While some progress has been made, SAG-AFTRA remains "frustratingly far apart" from the industry bargaining group, which represents most major AAA gaming companies, on several critical issues.

SAG-AFTRA has released a chart highlighting the discrepancies between their proposals and those of the bargaining group. Key points of contention include:

• Protection against the use of digital replicas or generative AI for all work, not just future projects.
• The definition of a "digital replica," where SAG-AFTRA wants to cover any performance that is "readily identifiable or attributable to" a performer, while the bargaining group prefers "objectively identifiable," which SAG-AFTRA argues could allow employers to exclude many performances.
• Including "movement" performers in the generative AI agreement.
• The terminology used for AI-generated performances, with SAG-AFTRA favoring "real-time generation" and the bargaining group proposing "procedural generation," which SAG-AFTRA says has a different meaning in games.
• Disclosure requirements for blending voices to create digital replicas and using voices for real-time chatbots versus scripted dialogue.
• Withdrawal of consent for digital replica use during strikes, with employers wanting to continue using them.
• The duration of consent for real-time generation, with SAG-AFTRA proposing five years and the bargaining group seeking unlimited consent.
• Compensation for digital replica creation and use, with disagreements on minimum pay but tentative agreement on bonus pay calculations.
• A proposal from the bargaining group to gain bonus rights similar to those in the SAG-AFTRA TV/Film agreement, which SAG-AFTRA finds too broad and potentially circumventing union rights.
• Tracking the use of digital replicas to ensure fair compensation, which the bargaining group deems unfeasible but is open to discussing.
• Defining and regulating "synthetic" performers created by generative AI systems.

Despite these disagreements, the two groups have reached tentative agreements on bonus pay, dispute resolution, certain minimum compensation elements, consent requirements, and some disclosures. However, SAG-AFTRA's letter to members expresses concern that the bargaining employers are misrepresenting the proximity to a deal. Duncan Crabtree-Ireland, SAG-AFTRA's national executive director and chief negotiator, warned members:

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 triggered by a lack of agreement on AI provisions despite affirming 24 out of 25 other contract proposals. The strike's impact is becoming evident, with players noting unvoiced NPCs in games like Destiny 2 and World of Warcraft. Last year, SAG-AFTRA struck against League of Legends after Riot allegedly attempted to undermine the strike, and Activision recast characters in Call of Duty: Black Ops 6 due to player concerns about new voices. Just today, two Zenless Zone Zero voice actors discovered their replacement through the game's latest patch notes.