SAG-AFTRA: Still 'Far Apart' from Games Industry 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 concerning AI protections for video game actors. Despite some progress, the guild remains "frustratingly far apart" from the industry bargaining group, which includes representatives from major AAA gaming companies. SAG-AFTRA has 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.
• The definition of "digital replica," with SAG-AFTRA advocating for any performance that is "readily identifiable or attributable to" a performer, while the bargaining group prefers "objectively identifiable," which could exclude many performances.
• Including "movement" performers in the generative AI agreement.
• The terminology for AI-created performances, with SAG-AFTRA proposing "real-time generation" and the bargaining group suggesting "procedural generation," which has a different implication in gaming.
• Disclosure requirements for blending voices to create digital replicas and using voices for real-time chatbots versus scripted dialogue.
• The validity of consent for digital replica use during strikes, with employers wanting to continue usage even during strikes.
• The duration of consent for real-time generation, with SAG-AFTRA proposing a five-year limit and the bargaining group seeking unlimited consent.
• Compensation for digital replica creation and use, where tentative agreements on bonus pay have been reached but minimum pay remains contentious.
• The bargaining group's proposal for bonus rights, which SAG-AFTRA finds too broad and potentially circumventing union rights.
• A system to track digital replica usage to ensure fair compensation, which the bargaining group deems unfeasible.
• Definitions and regulations around "synthetic" performers created entirely by generative AI.

Despite these disagreements, tentative agreements have been made on several other fronts, including bonus pay, dispute resolution, minimum compensation elements, consent requirements, and certain disclosures. However, SAG-AFTRA has expressed concern that the bargaining employers are misrepresenting the proximity to a deal, as stated by Duncan Crabtree-Ireland, the guild's national executive director and chief negotiator:

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 initiated due to disagreements over AI provisions, despite 24 out of 25 other contract proposals being agreed upon. The impact of the strike is becoming increasingly visible in the gaming industry. Players have noticed unvoiced NPCs in games like Destiny 2 and World of Warcraft, and there have been recasts in games such as League of Legends and Call of Duty: Black Ops 6. Most recently, two Zenless Zone Zero voice actors discovered their replacement through the game's latest patch notes.