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 concerning AI protections for video game actors. Despite some progress, SAG-AFTRA remains "frustratingly far apart" from the industry's bargaining group, comprised of major AAA gaming companies, on several critical issues.

To highlight these differences, SAG-AFTRA has released a chart comparing their proposals to those of the bargaining group. Key unresolved issues include:

• Protection from Digital Replica and Generative AI Use: SAG-AFTRA advocates for protections to cover all past and future work, whereas the bargaining group limits this to work post-agreement.
• Definition of "Digital Replica": SAG-AFTRA defines it as any performance, vocal or movement, "readily identifiable or attributable to" a performer, while the bargaining group proposes "objectively identifiable," potentially excluding many performances.
• Inclusion of Movement Performers: SAG-AFTRA wants to include movement performers in the AI agreement, a stance not shared by the bargaining group.
• Terminology for AI-Generated Performances: SAG-AFTRA prefers "real-time generation," contrasting with the bargaining group's "procedural generation," which SAG-AFTRA argues has a different meaning.
• Disclosure Requirements: Disputes remain over whether employers should disclose blending voices for digital replicas or using voices for real-time chatbots versus scripted dialogue.
• Consent During Strikes: SAG-AFTRA seeks to withdraw consent for digital replica use during strikes, while the bargaining group wants to continue using them, even on struck games.
• Duration of Consent for Real-Time Generation: SAG-AFTRA proposes a five-year renewal period, whereas the bargaining group seeks unlimited consent.
• Compensation for Digital Replicas: There are disagreements on minimum payments for digital replica creation and use, though tentative agreements exist on bonus pay calculations.
• Bonus Rights for Employers: The bargaining group proposes terms similar to those in the SAG-AFTRA TV/Film agreement, which SAG-AFTRA finds too broad and potentially circumventing union rights.
• Tracking System for Digital Replicas: SAG-AFTRA wants to implement a system to track digital replica usage to ensure proper compensation, a proposal the bargaining group deems unfeasible.
• Regulation of Synthetic Performers: Specific definitions and regulations for characters created entirely by generative AI systems are still under contention.

Despite these unresolved issues, both parties have reached tentative agreements on several other points, including bonus pay, dispute resolution, some minimum compensation elements, consent requirements, and certain disclosures.

SAG-AFTRA's national executive director and chief negotiator, Duncan Crabtree-Ireland, expressed concern in a letter to members that the bargaining employers are misleadingly suggesting that a deal is close, when SAG-AFTRA believes otherwise. Crabtree-Ireland warned members about the potential exploitation of non-union performers to fill roles during the strike, urging them to consider the consequences of such actions, including risks of AI misuse.

In response, Audrey Cooling, spokesperson for the video game industry bargaining group, stated that they have offered a deal with over 15% wage increases, enhanced health and safety protections, and industry-leading AI terms, expressing eagerness to return to negotiations.

The SAG-AFTRA video game strike, now in its eighth month, was initiated due to disagreements over AI provisions, with 24 out of 25 other contract proposals already agreed upon. The strike's impact is becoming increasingly visible, with players noting unvoiced NPCs in games like Destiny 2 and World of Warcraft. Recent incidents include SAG-AFTRA striking League of Legends over Riot's alleged strike circumvention, and Activision recasting characters in Call of Duty: Black Ops 6. Additionally, two Zenless Zone Zero voice actors discovered their replacement through the game's latest patch notes.