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 concerning AI protections for video game actors. While some progress has been made, SAG-AFTRA remains "frustratingly far apart" from the industry bargaining group, which includes representatives from most major AAA gaming companies. The guild provided a detailed chart highlighting the significant differences between their proposals and those of the bargaining group.

Key issues still under contention include:

• Protection from the use of digital replicas or generative AI for all past and future work, not just work produced after the agreement is signed.
• A clear definition of "digital replica," with SAG-AFTRA advocating for any performance, whether vocal or movement, that is "readily identifiable or attributable" to a performer. In contrast, the bargaining group prefers "objectively identifiable," a term SAG-AFTRA argues could allow employers to exclude many performances.
• The inclusion of "movement" performers in the generative AI agreement.
• Using the term "real-time generation" for AI-created performances, while the bargaining group proposes "procedural generation," which SAG-AFTRA believes has a different connotation in gaming.
• Whether employers must disclose if they will blend an actor's voice with others to create a digital replica.
• Disclosure requirements for using an actor's voice in real-time chatbots versus scripted dialogue in game development.
• SAG-AFTRA's proposal to withdraw consent for digital replica use during strikes, while employers wish to continue using them, even on struck games.
• The duration of consent for real-time generation, with SAG-AFTRA proposing a five-year limit, after which it must be renewed, versus the bargaining group's desire for unlimited consent.
• Minimum compensation for the creation and use of digital replicas, with several disagreements but a tentative agreement on how bonus pay is calculated.
• The bargaining group's proposal for bonus rights similar to those in the SAG-AFTRA TV/Film agreement, which SAG-AFTRA deems too broad and potentially circumventing union rights.
• Implementation of a tracking system to monitor the use of digital replicas to ensure appropriate compensation, which the bargaining group considers unfeasible.
• Specific definitions and regulations for "synthetic" performers created entirely by generative AI systems.

Despite these disagreements, both parties have reached tentative agreements on bonus pay, dispute resolution, certain elements of minimum compensation, consent requirements, and certain disclosures to performers. However, SAG-AFTRA has expressed concern that the bargaining employers are misrepresenting the proximity to a deal. Duncan Crabtree-Ireland, SAG-AFTRA's national executive director and chief negotiator, cautioned members against accepting roles that could undermine the strike and expose them to AI misuse without proper protections.

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, industry-leading terms for AI digital replicas, and additional compensation for using actors' performances in other games. The group is eager to continue negotiations to reach an agreement.

The SAG-AFTRA video game strike, now in its eighth month, was triggered by disagreements over AI provisions, with 24 out of 25 other contract proposals already agreed upon. The effects of the strike are increasingly visible in the gaming industry. Players have noticed unvoiced NPCs in games like Destiny 2 and World of Warcraft, and incidents such as the recasting of characters in Call of Duty: Black Ops 6 and the replacement of voice actors in Zenless Zone Zero have highlighted the strike's impact.