SAG-AFTRA: Still Far from AI Deal with Games Industry

The Screen Actors Guild - American Federation of Television and Radio Artists (SAG-AFTRA) has recently updated its members on the ongoing negotiations regarding AI protections for video game actors. While some progress has been made, SAG-AFTRA acknowledges that they are still "frustratingly far apart" from the video game industry bargaining group on critical issues.

The guild has provided a detailed chart highlighting the discrepancies between its proposals and those of the bargaining group, which includes major AAA gaming companies. The unresolved issues include:

• Comprehensive protection against the use of digital replicas or generative AI across all work, not limited to future productions.
• A clear definition of "digital replica." SAG-AFTRA proposes to include any performance, vocal or movement, that is "readily identifiable or attributable" to a performer. In contrast, the bargaining group prefers "objectively identifiable," which SAG-AFTRA believes could exclude many performances.
• Inclusion of "movement" performers in the generative AI agreement.
• The terminology of "real-time generation" versus "procedural generation" for AI-created performances, with SAG-AFTRA arguing the latter term has a different implication in gaming.
• Disclosure requirements for blending voices to create digital replicas.
• Disclosure requirements for using voices in real-time chatbots versus scripted dialogue.
• SAG-AFTRA's proposal to withdraw consent for digital replica use during strikes, while employers want to continue using them, even on struck games.
• The duration of consent for real-time generation, with SAG-AFTRA proposing a five-year limit, while the bargaining group seeks unlimited consent.
• Disagreements on minimum payments for digital replica creation and use, though tentative agreement on bonus pay calculations has been reached.
• The bargaining group's proposal to grant bonus rights similar to those in the SAG-AFTRA TV/Film agreement, which SAG-AFTRA finds too broad and potentially undermining union rights.
• SAG-AFTRA's push for a tracking system to monitor digital replica usage and ensure appropriate compensation, which the bargaining group considers unfeasible.
• Specific definitions and regulations concerning "synthetic" performers created entirely by generative AI systems.

Despite these ongoing disputes, both parties have tentatively agreed on several other issues, including bonus pay, dispute resolution, certain aspects of minimum compensation, consent requirements, and various disclosures to performers. However, SAG-AFTRA has expressed concern that the bargaining employers are misleading members about the proximity to a deal, which SAG-AFTRA believes is not the case.

In a letter to members, Duncan Crabtree-Ireland, SAG-AFTRA's national executive director and chief negotiator, warned about the pressure on employers due to the ongoing strike, which has lasted eight months. He urged members to remain united and resist being approached for roles that could undermine the strike and expose them to AI misuse without consent or compensation.

In response, Audrey Cooling, spokesperson for the video game industry bargaining group, stated that they have offered a deal with over 15% wage increases, enhanced health and safety protections, and industry-leading terms for AI digital replicas, expressing eagerness to continue negotiations.

The SAG-AFTRA strike, initially sparked by disagreements over AI provisions, has visibly impacted the industry. Games like Destiny 2 and World of Warcraft have shown signs of unvoiced NPCs, while League of Legends faced a strike after Riot's alleged attempt to bypass it. Activision recast characters in Call of Duty: Black Ops 6, and recently, two Zenless Zone Zero voice actors discovered their replacement through patch notes.