SAG-AFTRA: Still 'Frustratingly 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 regarding AI protections for video game actors. While progress has been made, the guild reports that they are still "frustratingly far apart" from the video game industry bargaining group on several key issues.

SAG-AFTRA provided a detailed chart highlighting the disparities between their proposals and those of the bargaining group, which includes major AAA gaming companies. The following issues remain unresolved:

• Protection from Digital Replica or Generative AI Use: SAG-AFTRA seeks protections for all work, not just future projects.
• Definition of "Digital Replica": The guild wants to define it as 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-Generated Performances: SAG-AFTRA proposes "real-time generation," while the bargaining group suggests "procedural generation," which the guild argues has a different meaning in the gaming context.
• Disclosure Requirements: SAG-AFTRA demands disclosure if an actor's voice will be blended with others for a digital replica or used in real-time chatbots versus scripted 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, 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 potentially circumventing union rights.
• 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 unresolved issues, the two groups have tentatively agreed on several other points, including bonus pay, dispute resolution, certain minimum compensation elements, consent requirements, and some disclosures to performers. However, SAG-AFTRA's leadership, including national executive director and chief negotiator Duncan Crabtree-Ireland, expressed concern that the bargaining employers are misrepresenting the proximity to a deal.

Crabtree-Ireland warned members about the ongoing strike's impact, noting that employers are seeking non-union performers to fill roles, which could undermine the strike and expose performers to AI misuse without protections or compensation.

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