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 recently updated its members on the ongoing negotiations regarding AI protections for video game actors. Despite some progress, the guild remains "frustratingly far apart" from the video game industry's bargaining group on crucial issues.

SAG-AFTRA has provided a detailed chart illustrating the significant differences between their proposals and those of the industry group, which includes representatives from major AAA gaming companies. Key points of contention include:

• Protection from Digital Replicas and Generative AI: SAG-AFTRA seeks comprehensive protection for all work, whereas the bargaining group limits this to work produced after the agreement's effective date.
• Definition of "Digital Replica": The guild wants to define it as any performance, vocal or movement, "readily identifiable or attributable to" a performer. The industry group prefers "objectively identifiable," which SAG-AFTRA argues could exclude many performances.
• Inclusion of Movement Performers: SAG-AFTRA insists on including movement performers in the AI agreement, a point not yet agreed upon by the bargaining group.
• Terminology for AI-Generated Performances: SAG-AFTRA favors "real-time generation," while the bargaining group suggests "procedural generation," which the guild believes has a different meaning in gaming contexts.
• Disclosure Requirements: Disputes continue over whether employers must disclose blending voices for digital replicas or using voices for real-time chatbots versus scripted dialogue.
• Consent During Strikes: SAG-AFTRA proposes withdrawing consent for digital replica use during strikes, while employers wish to retain these rights.
• Duration of Consent for Real-Time Generation: The guild suggests a five-year renewal period, contrasting with the bargaining group's proposal for unlimited dialogue use indefinitely.
• Compensation for Digital Replicas: There are multiple disagreements on minimum pay, though tentative agreements have been reached on bonus pay calculations.
• Bonus Rights for Employers: The bargaining group's proposal to grant additional rights in exchange for a premium is considered too broad by SAG-AFTRA, who are open to discussion with stricter conditions.
• Tracking Digital Replica Usage: SAG-AFTRA wants a system to monitor digital replica use to ensure proper compensation, while the bargaining group deems this unfeasible.
• Definitions and Regulations for Synthetic Performers: There are ongoing discussions on how to define and regulate characters created entirely by generative AI systems.

Despite these disagreements, the two groups have tentatively agreed on several issues, including bonus pay, dispute resolution, certain minimum compensation elements, consent requirements, and specific disclosures to performers. However, SAG-AFTRA is concerned that the bargaining employers are misrepresenting the proximity to a deal, a sentiment echoed by Duncan Crabtree-Ireland, the guild's national executive director and chief negotiator, in a letter to 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 disagreements over AI provisions, despite agreement on 24 out of 25 other contract proposals. The strike's impact is becoming increasingly visible in the gaming industry. Players have noticed unvoiced NPCs in games like Destiny 2 and World of Warcraft. Last year, SAG-AFTRA struck League of Legends following Riot's alleged attempt to circumvent the strike by canceling a game, and Activision recast characters in Call of Duty: Black Ops 6 after player feedback on new voices.

Just today, two voice actors from Zenless Zone Zero discovered their replacement through the game's latest patch notes, highlighting the ongoing effects of the strike.