SAG-AFTRA Still Far From Agreement with Games Industry on AI Protections
The Screen Actors Guild - American Federation of Television and Radio Artists (SAG-AFTRA) recently updated its members on the ongoing negotiations concerning AI protections for video game actors. While some progress has been made, SAG-AFTRA remains "frustratingly far apart" from the industry's bargaining group on crucial issues. The guild provided a detailed comparison chart, highlighting the disparities between their proposals and those of the bargaining group, which includes representatives from major AAA gaming companies.
Key unresolved issues include:
- Protection from the use of digital replicas or generative AI 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, "readily identifiable or attributable to" a performer based on work contracts. The bargaining group prefers "objectively identifiable," which SAG-AFTRA believes would allow employers to exclude many performances.
- The inclusion of "movement" performers in the generative AI agreement.
- Using the phrase "real-time generation" for AI-created performances, while the bargaining group proposes "procedural generation," which SAG-AFTRA argues has a different meaning in games.
- Whether employers must disclose if a performer's voice will be blended with others to create a digital replica.
- Whether employers must disclose if a performer's voice will be used for a real-time chatbot capable of saying anything or will be limited to scripted dialogue.
- SAG-AFTRA's proposal to withdraw consent for digital replica use during a strike, whereas employers want to continue using them on struck games.
- The duration of consent for real-time generation: SAG-AFTRA proposes five years, while the bargaining group seeks unlimited dialogue consent.
- Compensation for digital replica creation and use, with tentative agreement only on bonus pay calculations.
- The bargaining group's proposal for bonus rights, akin to those in the SAG-AFTRA TV/Film agreement, which SAG-AFTRA deems too broad and likely to undermine union rights.
- SAG-AFTRA's desire for a tracking system to monitor digital replica usage and ensure fair compensation, which the bargaining group considers unfeasible.
- Definitions and regulations around "synthetic" performers created by generative AI systems.
Despite these differences, tentative agreements have been reached on bonus pay, dispute resolution, certain minimum compensation elements, consent requirements, and some disclosures. However, SAG-AFTRA is concerned that the bargaining employers are misleading members about the proximity to a deal.
In a letter to members, SAG-AFTRA's national executive director and chief negotiator, Duncan Crabtree-Ireland, highlighted the pressure on employers from the ongoing strike, as members refuse to work without adequate protections. He warned members against taking 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 proposed a deal with over 15% wage increases for SAG-AFTRA performers, enhanced health and safety protections, industry-leading AI digital replica terms, and additional compensation for performances used in other games. They expressed eagerness to return to negotiations.
The SAG-AFTRA video game strike, now in its eighth month, was initiated due to disagreements over AI provisions, despite agreement on 24 out of 25 other contract proposals. The strike's impact is increasingly visible, with games like Destiny 2 and World of Warcraft showing unvoiced NPCs in otherwise voiced scenes. SAG-AFTRA also struck League of Legends after Riot allegedly tried to subvert the strike, and Activision recast characters in Call of Duty: Black Ops 6 following player concerns. Recently, two Zenless Zone Zero voice actors discovered their replacement through the game's latest patch notes.
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