SAG-AFTRA Still Far from Agreement with 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 concerning AI protections for video game actors. While progress has been achieved, SAG-AFTRA notes that they remain "frustratingly far apart" from the industry bargaining group, comprised of representatives from major AAA gaming companies, on several critical issues.

SAG-AFTRA has provided a detailed chart illustrating the disparities between their proposals and those of the gaming industry. Key points of contention include:

• Protection from the use of digital replicas or generative AI for all work, not just future projects.
• The definition of "digital replica," where SAG-AFTRA seeks to include any performance that is "readily identifiable or attributable to" a performer, whereas the bargaining group proposes "objectively identifiable," which SAG-AFTRA believes would allow employers to exclude many performances.
• Inclusion of "movement" performers in the generative AI agreement.
• The use of "real-time generation" versus "procedural generation" to describe AI-created performances, with SAG-AFTRA arguing that "procedural generation" has a different meaning in gaming.
• Disclosure requirements regarding blending voices for digital replicas and using voices for real-time chatbots.
• Consent withdrawal for digital replica use during strikes, with employers wanting to continue usage even during strikes.
• Duration of consent for real-time generation, where SAG-AFTRA suggests a five-year limit, while the bargaining group seeks unlimited consent.
• Compensation for digital replica creation and use, where disagreements persist despite tentative agreements on bonus pay calculations.
• Proposals from the bargaining group that mimic elements of the SAG-AFTRA TV/Film agreement, which SAG-AFTRA finds too broad and potentially circumventing union rights.
• Implementation of a tracking system for digital replicas to ensure proper compensation, which the bargaining group deems infeasible.
• Definitions and regulations concerning "synthetic" performers created entirely by generative AI.

Despite these differences, tentative agreements have been reached on several other issues such as bonus pay, dispute resolution, minimum compensation elements, consent requirements, and certain disclosures. However, SAG-AFTRA's leadership, including national executive director and chief negotiator Duncan Crabtree-Ireland, expressed concern that the bargaining employers might be misleading members about the proximity of a deal.

Crabtree-Ireland emphasized the pressure on employers due to the ongoing strike, urging members not to undermine the collective effort by accepting roles without adequate AI protections. He warned that such actions could lead to exploitation and replacement by AI without consent or compensation.

In response, Audrey Cooling, spokesperson for the video game industry bargaining group, stated that their proposal includes over 15% wage increases for SAG-AFTRA performers, enhanced health and safety protections, and industry-leading terms for AI digital replicas, alongside additional compensation for performances used in other games. Cooling 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 agreements on 24 out of 25 other contract proposals. The strike's impact is becoming increasingly visible in the gaming industry, with players noticing unvoiced NPCs in games like Destiny 2 and World of Warcraft. Last year, SAG-AFTRA 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 feedback. Most recently, two Zenless Zone Zero voice actors discovered their replacement through the game's latest patch notes.