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. While some progress has been made, the guild remains "frustratingly far apart" from the industry bargaining group on crucial issues. This group includes representatives from most major AAA gaming companies.

SAG-AFTRA has provided a detailed chart highlighting the disparities between their proposals and those of the bargaining group. Key unresolved issues include:

• Comprehensive protection against the use of digital replicas and generative AI for all work, not limited to future projects.
• A clear definition of "digital replica." SAG-AFTRA proposes it should cover any performance, vocal or movement, that is "readily identifiable or attributable" to a performer. In contrast, the bargaining group suggests "objectively identifiable," which SAG-AFTRA argues could exclude many performances.
• Inclusion of "movement" performers in the generative AI agreement.
• Usage of the term "real-time generation" for AI-created performances. The bargaining group prefers "procedural generation," which SAG-AFTRA believes has a different meaning in gaming contexts.
• Disclosure requirements for employers blending voices to create digital replicas.
• Disclosure of whether a performer's voice will be used in real-time chatbots or scripted game dialogue.
• Withdrawal of consent for digital replica use during strikes. Employers want to continue using replicas, even on struck games.
• Duration of consent for real-time generation. SAG-AFTRA proposes a five-year limit, while the bargaining group wants unlimited consent.
• Minimum compensation for digital replica creation and use, with tentative agreement 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 finds too broad but is willing to negotiate with stricter conditions.
• A system to track digital replica usage to ensure appropriate payment. The bargaining group views this as unfeasible.
• Definitions and regulations surrounding "synthetic" performers created by generative AI.

Despite these unresolved issues, both parties have tentatively agreed on aspects like bonus pay, dispute resolution, certain minimum compensation elements, consent requirements, and some disclosures to performers. However, SAG-AFTRA expresses concern that the bargaining employers are misrepresenting the closeness of a deal to members.

In a letter to members, SAG-AFTRA's national executive director and chief negotiator, Duncan Crabtree-Ireland, highlighted the pressure on employers due to the ongoing strike, urging members not to undermine the effort by accepting roles without adequate protections against AI misuse.

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 initiated due to 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 noted unvoiced NPCs in games like Destiny 2 and World of Warcraft. Additionally, SAG-AFTRA struck League of Legends after Riot's alleged attempt to circumvent the strike, and Activision recast characters in Call of Duty: Black Ops 6 following player feedback. Most recently, two Zenless Zone Zero voice actors discovered their replacement through the game's latest patch notes.