SAG-AFTRA Still Far from AI Deal with Games Industry
The Screen Actors Guild - American Federation of Television and Radio Artists (SAG-AFTRA) has recently provided an update to its members regarding the ongoing negotiations for video game actor AI protections. Despite some progress, SAG-AFTRA remains "frustratingly far apart" from the industry bargaining group on several critical issues. The guild has released a detailed chart that outlines the stark differences between its proposals and those of the bargaining group, which represents major AAA gaming companies.
Key issues still under contention include:
- Protection from digital replica or generative AI use for all past and future work, not just work after the agreement's effective date.
- The definition of a "digital replica," where SAG-AFTRA pushes for any performance that is "readily identifiable or attributable to" a performer, while the bargaining group favors "objectively identifiable," a term SAG-AFTRA believes would allow too much exclusion by employers.
- Inclusion of "movement" performers in the AI agreement.
- The use of the term "real-time generation" for AI-created performances, as opposed to the bargaining group's preferred "procedural generation," which SAG-AFTRA argues has a different meaning in games.
- Disclosure requirements for blending voices to create digital replicas.
- Disclosure requirements for using voices in real-time chatbots versus scripted dialogue.
- SAG-AFTRA's proposal to withdraw consent for digital replica use during strikes, while employers wish to continue using them on struck games.
- The duration of consent for real-time generation, with SAG-AFTRA proposing a five-year limit, while the bargaining group seeks unlimited consent.
- Compensation for digital replica creation and use, with disagreements on minimum payments, though tentative agreements have been reached on bonus pay calculations.
- A proposal by the bargaining group, similar to the TV/Film agreement, offering employers bonus rights in exchange for a premium, which SAG-AFTRA finds too broad and potentially harmful to union rights.
- SAG-AFTRA's desire to implement a tracking system for digital replica usage to ensure appropriate compensation, a proposal the bargaining group deems unfeasible.
- Definitions and regulations around "synthetic" performers created entirely by AI.
Despite these significant differences, tentative agreements have been reached on several other points, including bonus pay, dispute resolution, elements of minimum compensation, consent requirements, and certain disclosures. However, SAG-AFTRA's leadership, including national executive director and chief negotiator Duncan Crabtree-Ireland, has expressed concern that employers are misrepresenting the proximity of a deal to members. Crabtree-Ireland emphasized the importance of solidarity among SAG-AFTRA members, warning against the risks of working without AI protections and potentially undermining the strike.
In response, Audrey Cooling, spokesperson for the video game industry bargaining group, stated that they have proposed a deal including over 15% wage increases, enhanced health and safety protections, and industry-leading terms for AI digital replicas, along with additional compensation for performances used in other games. Cooling expressed eagerness to return to the bargaining table to finalize a deal.
The SAG-AFTRA video game strike, now in its eighth month, was triggered by disagreements specifically over AI provisions, with 24 out of 25 other contract proposals having been agreed upon. The impact of the strike is increasingly visible in the gaming industry, with reports of unvoiced NPCs in games like Destiny 2 and World of Warcraft, and voice actor replacements noted in games like League of Legends and Call of Duty: Black Ops 6. Most recently, two voice actors from Zenless Zone Zero discovered their replacements through the game's latest patch notes.
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