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 protections for video game actors against the use of AI. Despite some progress, the guild finds itself "frustratingly far apart" from the industry's bargaining group, which represents major AAA gaming companies. SAG-AFTRA has provided a detailed comparison chart highlighting the key unresolved issues:

• Comprehensive protection from digital replica or generative AI use across all work, not limited to future projects.
• A clear definition of "digital replica," where SAG-AFTRA seeks to include any performance that is "readily identifiable or attributable to" a performer, while the bargaining group prefers "objectively identifiable," a term SAG-AFTRA believes could exclude many performances.
• The inclusion of "movement" performers in the AI agreement.
• The use of "real-time generation" versus "procedural generation" for AI-created performances, with differing implications in the gaming context.
• Disclosure requirements for blending voices to create digital replicas or using voices for real-time chatbots versus scripted dialogue.
• The withdrawal of consent for digital replica use during strikes, with employers wanting to continue using them even on struck games.
• The duration of consent for real-time generation, with SAG-AFTRA proposing a five-year term and the bargaining group seeking unlimited use.
• Compensation for digital replica creation and use, with tentative agreements on bonus pay but ongoing disputes over minimum payments.
• A proposal from the bargaining group akin to the TV/Film agreement, offering bonus rights to employers for a premium, which SAG-AFTRA finds too broad.
• A tracking system to monitor digital replica usage for fair compensation, which the bargaining group considers unfeasible.
• Definitions and regulations for "synthetic" performers created by generative AI.

Despite these disagreements, tentative agreements have been reached on several other matters, including bonus pay, dispute resolution, some aspects of minimum compensation, consent requirements, and certain disclosures. However, SAG-AFTRA's national executive director and chief negotiator, Duncan Crabtree-Ireland, has expressed concern that the bargaining employers are misrepresenting the proximity to a deal. In his letter to members, he highlighted the ongoing pressure from the strike and warned members against taking roles that could undermine the collective effort and expose them to risks from AI misuse without proper protections.

In response, Audrey Cooling, spokesperson for the video game industry bargaining group, stated that they have offered a deal with over 15% wage increases for SAG-AFTRA performers, enhanced health and safety protections, industry-leading AI terms, and additional compensation for performance reuse. The group is keen to resume negotiations to finalize an agreement.

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 proposals. The impact of the strike is becoming increasingly visible across the gaming industry. Players have noticed unvoiced NPCs in games like Destiny 2 and World of Warcraft, and issues have arisen with games like League of Legends and Call of Duty: Black Ops 6, where voice actors were recast. Most recently, two voice actors for Zenless Zone Zero discovered their replacement through the game's latest patch notes.