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 over video game actor AI protections. While there has been some progress, the guild acknowledges that it remains "frustratingly far apart" from the industry's bargaining group, which includes representatives from most major AAA gaming companies. A detailed chart from SAG-AFTRA outlines the significant differences between their proposals and those of the bargaining group.

Key issues highlighted by SAG-AFTRA include:

• Protection from the use of digital replicas or generative AI for all past and future work, not just work produced after the agreement's effective date.
• A clear definition of "digital replica," with SAG-AFTRA advocating for any performance, vocal or movement, "readily identifiable or attributable to" a performer. In contrast, the bargaining group prefers "objectively identifiable," which SAG-AFTRA argues would exclude many performances.
• The inclusion of "movement" performers under the generative AI agreement.
• The use of "real-time generation" for AI-created performances versus the bargaining group's proposed "procedural generation," which SAG-AFTRA believes has a different meaning in the gaming context.
• Disclosure requirements for blending voices to create digital replicas and using voices for real-time chatbots versus scripted dialogue in game development.
• Withdrawal of consent for digital replica use during a guild strike, with employers seeking continued use even on struck games.
• The duration of consent for real-time generation, with SAG-AFTRA proposing a five-year renewal and the bargaining group seeking unlimited consent.
• Minimum compensation for digital replica creation and use, with tentative agreement reached on bonus pay calculations.
• The bargaining group's proposal for bonus rights similar to those in the SAG-AFTRA TV/Film agreement, which SAG-AFTRA considers too broad but would consider with stricter boundaries.
• A tracking system for digital replica usage to ensure appropriate performer compensation, which the bargaining group deems unfeasible.
• Specific definitions and regulations around "synthetic" performers created by generative AI systems.

Despite these unresolved issues, the two groups have tentatively agreed on several other points, such as bonus pay, dispute resolution, certain elements of minimum compensation, consent requirements, and some disclosures to performers. However, SAG-AFTRA's national executive director and chief negotiator, Duncan Crabtree-Ireland, expressed concern in a letter to members that the bargaining employers are misrepresenting the proximity to a deal. He warned members about the risks of working without adequate AI protections during the strike, emphasizing the potential for their performances to be used to replace them without consent or compensation.

In response, Audrey Cooling, spokesperson for the video game industry bargaining group, stated that they have proposed a deal offering over 15% wage increases for SAG-AFTRA represented performers, enhanced health and safety protections, industry-leading terms of use for AI digital replicas, and additional compensation for performance reuse in other games. The group is eager to return to the bargaining table to finalize an agreement.

The SAG-AFTRA video game strike, now in its eighth month, was triggered by disagreements over AI provisions, despite agreement on 24 out of 25 other contract proposals. The impact of the strike is becoming increasingly visible across the industry, with players noticing unvoiced NPCs in games like Destiny 2 and World of Warcraft. Late last year, SAG-AFTRA struck League of Legends after Riot allegedly attempted to subvert the strike, and Activision recast characters in Call of Duty: Black Ops 6 following player feedback on new voices. Most recently, two Zenless Zone Zero voice actors discovered their replacement through the game's latest patch notes.