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SAG-AFTRA and Games Industry Remain Far Apart on AI Protections

Apr 10,25(3 months ago)

The Screen Actors Guild - American Federation of Television and Radio Artists (SAG-AFTRA) has provided an update to its members regarding ongoing negotiations over AI protections for video game actors. While some progress has been made, SAG-AFTRA remains "frustratingly far apart" from the industry bargaining group on several critical issues.

SAG-AFTRA has released a chart highlighting the differences between its proposals and those of the games industry bargaining group, which includes representatives from major AAA gaming companies. Key points of contention include:

  • Protection from Digital Replica or Generative AI Use: SAG-AFTRA seeks protection for all work, not just work produced after the agreement's effective date.
  • Definition of "Digital Replica": SAG-AFTRA proposes including any performance, vocal or movement, "readily identifiable or attributable to" a performer. The bargaining group prefers "objectively identifiable," which SAG-AFTRA believes could exclude many performances.
  • Inclusion of "Movement" Performers: SAG-AFTRA wants to include these performers in the generative AI agreement.
  • Terminology for AI-Created Performances: SAG-AFTRA suggests "real-time generation," while the bargaining group proposes "procedural generation," which SAG-AFTRA argues has a different meaning in games.
  • Disclosure Requirements: SAG-AFTRA demands disclosure if an employer blends voices to create a digital replica or uses a voice for a real-time chatbot that can generate any dialogue.
  • Consent During Strikes: SAG-AFTRA's proposal withdraws consent for digital replica use during strikes, whereas employers want to continue using them, even on struck games.
  • Duration of Consent for Real-Time Generation: SAG-AFTRA proposes a five-year limit, requiring renewal, while the bargaining group seeks unlimited consent.
  • Compensation for Digital Replica Use: There are disagreements on minimum payments, though tentative agreements have been reached on bonus pay calculations.
  • Bonus Rights for Employers: The bargaining group's proposal, similar to the SAG-AFTRA TV/Film agreement, would grant employers additional rights if they pay a premium. SAG-AFTRA finds this too broad and suggests stricter boundaries.
  • Tracking Digital Replica Use: SAG-AFTRA wants a system to monitor digital replica usage to ensure proper compensation, which the bargaining group deems unfeasible.
  • Regulation of "Synthetic" Performers: Specific definitions and regulations for characters created entirely by generative AI systems are still under discussion.

Despite these disagreements, tentative agreements have been reached on bonus pay, dispute resolution, certain minimum compensation elements, consent requirements, and some disclosures. However, SAG-AFTRA is concerned that the bargaining employers are misrepresenting the proximity to a deal.

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

In response, Audrey Cooling, spokesperson for the video game industry bargaining group, stated that they have proposed a deal with over 15% wage increases, enhanced health and safety protections, industry-leading AI terms, and additional compensation for cross-game use of performances. They are eager to return to negotiations.

The SAG-AFTRA video game strike, now in its eighth month, was triggered by disagreements over AI provisions, despite agreement on 24 out of 25 other contract proposals. The strike's impact is becoming visible, with unvoiced NPCs in games like Destiny 2 and World of Warcraft, and recasting in games like League of Legends and Call of Duty: Black Ops 6. Recently, two Zenless Zone Zero voice actors discovered their replacement through patch notes.

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