SAG-AFTRA Says It's Still 'Frustratingly Far Apart' From Games Industry Bargaining Group on AI Protections

The Screen Actors Guild - American Federation of Television and Radio Artists (SAG-AFTRA) has provided an update to its members regarding ongoing negotiations over protections for video game actors against the use of AI. Despite some progress, the guild reports being "frustratingly far apart" from the industry bargaining group, comprised of major AAA gaming companies, on several crucial issues.

SAG-AFTRA has illustrated these differences with a chart comparing its proposals to those of the bargaining group. Key points of contention include:

• Protection from AI Use: SAG-AFTRA seeks comprehensive protection from digital replica or generative AI use for all work, not limited to future projects. The bargaining group's proposal only covers work produced after the agreement is signed.
• Definition of "Digital Replica": The guild proposes including any performance, vocal or movement, that is "readily identifiable or attributable to" a performer. In contrast, the bargaining group prefers "objectively identifiable," which SAG-AFTRA believes could exclude many performances.
• Inclusion of Movement Performers: SAG-AFTRA wants to include movement performers in the AI agreement, a point not addressed by the bargaining group.
• Terminology for AI-Generated Performances: The guild favors "real-time generation," while the bargaining group suggests "procedural generation," a term SAG-AFTRA argues has a different meaning in gaming.
• Disclosure Requirements: SAG-AFTRA demands transparency on whether an actor's voice will be blended with others for a digital replica or used in real-time chatbots with unscripted dialogue. The bargaining group's stance on these issues remains unclear.
• Consent During Strikes: SAG-AFTRA's proposal would withdraw consent for digital replica use during strikes, whereas the bargaining group wants to continue using them, even on struck games.
• Duration of Consent for Real-Time Generation: The guild proposes a five-year consent period, renewable thereafter, while the bargaining group seeks unlimited consent.
• Compensation for Digital Replicas: There are significant disagreements on minimum payments for digital replica creation and use, though tentative agreement has been reached on bonus pay calculations.
• Bonus Rights Proposal: The bargaining group's offer, inspired by the SAG-AFTRA TV/Film agreement, would grant employers additional rights in exchange for a premium. SAG-AFTRA considers this too broad and potentially undermining union rights.
• Tracking Digital Replicas: The guild wants to track the use of digital replicas to ensure proper compensation, a measure the bargaining group deems unfeasible.
• Regulation of Synthetic Performers: Specific definitions and regulations for characters created entirely by generative AI systems are still under dispute.

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

In a letter to members, SAG-AFTRA's national executive director and chief negotiator, Duncan Crabtree-Ireland, highlighted the ongoing strike's impact on employers, who are seeking non-union performers to fill roles. He warned members about the risks of working without AI protections, which could lead to their performances being used to replace them without consent or compensation.

In response, Audrey Cooling, spokesperson for the video game industry bargaining group, emphasized their proposed deal, which includes over 15% wage increases, enhanced health and safety protections, and industry-leading AI terms, expressing eagerness to return to negotiations.

The SAG-AFTRA video game strike, now in its eighth month, initially stemmed from disagreements over AI provisions despite agreements on 24 out of 25 other contract proposals. The effects are becoming increasingly visible in the industry, with games like Destiny 2 and World of Warcraft showing unvoiced NPCs, and incidents like the recasting of characters in Call of Duty: Black Ops 6 and League of Legends. Most recently, two Zenless Zone Zero voice actors discovered their replacement through the game's latest patch notes.