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 recently updated its members on the ongoing negotiations regarding AI protections for video game actors. Despite some progress, the guild remains "frustratingly far apart" from the video game industry's bargaining group on several crucial issues.

SAG-AFTRA has released a detailed chart outlining the disparities between their proposals and those of the bargaining group, which includes representatives from major AAA gaming companies. Key points of contention include:

• Protection against the use of digital replicas or generative AI for all past and future work, rather than just work produced after the agreement's effective date.
• A clear definition of "digital replica" that encompasses any performance, whether vocal or movement, that is "readily identifiable or attributable" to a performer. The bargaining group prefers the term "objectively identifiable," which SAG-AFTRA argues could exclude many performances.
• Inclusion of "movement" performers under the generative AI agreement.
• Use of the phrase "real-time generation" for AI-created performances, as opposed to the bargaining group's preferred term "procedural generation," which SAG-AFTRA believes has a different connotation in gaming.
• Disclosure requirements for blending a performer's voice with others to create a digital replica.
• Disclosure if a performer's voice will be used for a real-time chatbot with potential for unlimited dialogue, or if it will be used solely for scripted dialogue in game development.
• SAG-AFTRA's proposal to withdraw consent for digital replica use during strikes, while employers seek to continue using them, even on struck games.
• The duration of consent for real-time generation, with SAG-AFTRA proposing a five-year limit, whereas the bargaining group seeks unlimited consent.
• Compensation for digital replica creation and use, with disagreements on minimum payments, though tentative agreement has been reached on bonus pay calculations.
• The bargaining group's proposal to adopt a system similar to the SAG-AFTRA TV/Film agreement, granting employers additional rights in exchange for a premium. SAG-AFTRA finds this proposal too broad and potentially circumventing union rights, but is open to considering it with stricter boundaries.
• Implementation of a tracking system for digital replica usage to ensure proper compensation, which the bargaining group deems unfeasible and only willing to discuss as a possibility.
• Definitions and regulations around "synthetic" performers created entirely by generative AI systems.

Despite these disagreements, the chart indicates that tentative agreements have been reached on several other issues, including bonus pay, dispute resolution, certain aspects of minimum compensation, consent requirements, and specific disclosures to performers. However, SAG-AFTRA's letter to members expresses concern that the bargaining employers are misrepresenting the proximity to a deal, as SAG-AFTRA believes they are still far from an agreement.

SAG-AFTRA's national executive director and chief negotiator, Duncan Crabtree-Ireland, emphasized the pressure on employers due to the ongoing strike, as members continue to stand together for adequate protections. He warned members against taking roles that could undermine the strike and expose them to AI misuse without consent 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 for SAG-AFTRA performers, enhanced health and safety protections, industry-leading AI digital replica terms, and additional compensation for cross-game use of performances. They expressed eagerness to return to negotiations to finalize a deal.

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 impact of the strike is becoming increasingly visible in the gaming industry, with players noticing unvoiced NPCs in games like Destiny 2 and World of Warcraft. SAG-AFTRA also struck League of Legends after Riot allegedly attempted 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.