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 provided an update to its members regarding the ongoing negotiations over video game actor AI protections. 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 released a chart highlighting the key differences between their proposals and those of the bargaining group, shedding light on the unresolved issues.

The main points of contention include:

• Protection from digital replica or generative AI use for all work, not just work produced after the agreement's effective date.
• The definition of "digital replica." SAG-AFTRA proposes to include any performance, vocal or movement, that is "readily identifiable or attributable to" a performer based on work contracts. In contrast, the bargaining group prefers the term "objectively identifiable," which SAG-AFTRA argues could allow employers to exclude many performances.
• Inclusion of "movement" performers in the generative AI agreement.
• The use of "real-time generation" versus "procedural generation" to describe generative AI-created performances, as the latter term has a different meaning in the gaming context.
• Disclosure requirements for employers on whether they will blend an actor's voice with others to create a digital replica.
• Disclosure requirements for whether an actor's voice will be used for a real-time chatbot capable of generating any dialogue, or if it will be limited to scripted dialogue in game development.
• SAG-AFTRA's proposal to withdraw consent for digital replica use during strikes, while employers want to continue using them on struck games.
• The duration of consent for real-time generation—SAG-AFTRA proposes five years with renewal, while the bargaining group seeks perpetual consent for unlimited dialogue.
• Compensation for digital replica creation and use, with tentative agreements on bonus pay but ongoing disagreements on minimum payments.
• A bargaining group proposal similar to the SAG-AFTRA TV/Film agreement, granting employers bonus rights in exchange for a premium, which SAG-AFTRA finds too broad and potentially circumventing union rights.
• A system to track digital replica usage to ensure proper compensation, which the bargaining group considers unfeasible.
• Definitions and regulations surrounding "synthetic" performers created entirely by generative AI systems.

Despite these significant disagreements, tentative agreements have been reached on issues such as bonus pay, dispute resolution, certain elements of minimum compensation, consent requirements, and some disclosures to performers. However, SAG-AFTRA expresses concern that the bargaining employers are misleading members about the proximity to a deal, as the guild believes they are still far apart.

Duncan Crabtree-Ireland, SAG-AFTRA's national executive director and chief negotiator, emphasized the pressure on employers due to the ongoing strike, warning members against taking roles that could undermine the strike and expose them to AI misuse without adequate protections.

In response, Audrey Cooling, spokesperson for the video game industry bargaining group, stated that they have proposed a deal offering over 15% wage increases for SAG-AFTRA performers, enhanced health and safety protections, industry-leading terms for AI digital replicas, and additional compensation for using an actor's performance in other games. The bargaining group is eager to return to negotiations to finalize an agreement.

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 strike's impact is becoming more visible, with players noting unvoiced NPCs in games like Destiny 2 and World of Warcraft. SAG-AFTRA also struck against League of Legends after Riot Games allegedly tried to circumvent the strike, and Activision recast characters in Call of Duty: Black Ops 6 following player concerns about new voices. Most recently, two Zenless Zone Zero voice actors discovered their replacement through the game's latest patch notes.