SAG-AFTRA Still Far From AI Deal with Games Industry

The Screen Actors Guild - American Federation of Television and Radio Artists (SAG-AFTRA) has provided an update to its members regarding the ongoing negotiations for video game actor AI protections. While some progress has been made, the guild remains "frustratingly far apart" from the video game industry's bargaining group on several key issues. This group represents most major AAA gaming companies, and a chart shared by SAG-AFTRA highlights the significant differences between their proposals and those of the industry.

Key unresolved issues include:

• Protection from digital replica or generative AI use for all work, not just work produced after the agreement is signed.
• 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. In contrast, the bargaining group prefers "objectively identifiable," which SAG-AFTRA believes 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. SAG-AFTRA says the latter 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.
• Disclosure requirements for using a performer's voice for real-time chatbots versus scripted dialogue in game development.
• SAG-AFTRA's proposal to withdraw consent for digital replica use during a strike, while employers want to continue using them, including on struck games.
• The duration of consent for real-time generation: SAG-AFTRA proposes five years, renewable, whereas the bargaining group seeks unlimited consent.
• Minimum compensation for digital replica creation and use, with multiple disagreements, though tentative agreement on bonus pay calculation has been reached.
• The bargaining group's proposal, modeled after the SAG-AFTRA TV/Film agreement, which offers employers bonus rights in exchange for a premium. SAG-AFTRA finds it too broad and potentially circumventing union rights, but is open to discussion with stricter boundaries.
• SAG-AFTRA's desire for a tracking system to monitor digital replica usage and ensure fair compensation, which the bargaining group deems unfeasible and only willing to discuss as a possibility.
• Specific definitions and regulations around "synthetic" performers created by generative AI.

Despite these differences, the chart indicates that tentative agreements have been reached on several other points, including bonus pay, dispute resolution, certain minimum compensation elements, consent requirements, and some disclosures to performers. However, SAG-AFTRA's letter to members expresses concern that the bargaining employers are misrepresenting the closeness of a deal, which SAG-AFTRA does not believe is the case. Duncan Crabtree-Ireland, SAG-AFTRA's national executive director and chief negotiator, wrote:

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, ongoing for eight months, was initiated due to a lack of agreement on AI provisions, despite 24 out of 25 other contract proposals being affirmed by both sides. The strike's impact is now becoming visible across the gaming industry. Players have noted unvoiced NPCs in games like Destiny 2 and World of Warcraft, likely due to the strike. Last year, SAG-AFTRA struck League of Legends after Riot allegedly tried to subvert the strike by canceling a game, and Activision confirmed recasting 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.