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. While some progress has been achieved, the guild remains "frustratingly far apart" from the industry bargaining group on critical issues.
SAG-AFTRA has released a detailed chart highlighting the disparities between their proposals and those of the games industry bargaining group, which includes representatives from major AAA gaming companies. The key unresolved issues include:
- Comprehensive protection from the use of digital replicas or generative AI, not just limited to work produced after the agreement's effective date.
- A broader definition of "digital replica" that encompasses any performance, whether vocal or movement, that is "readily identifiable or attributable to" a performer. The bargaining group's preference for "objectively identifiable" could potentially exclude many performances, according to SAG-AFTRA.
- The inclusion of "movement" performers in the generative AI agreement.
- The use of the term "real-time generation" for AI-created performances, as opposed to the bargaining group's proposed "procedural generation," which SAG-AFTRA argues has a different meaning within the gaming context.
- The requirement for employers to disclose whether a performer's voice will be blended with others to create a digital replica.
- Disclosure regarding whether a performer's voice will be used for a real-time chatbot capable of generating any dialogue, or if it will be limited to scripted dialogue within game development.
- SAG-AFTRA's proposal to withdraw consent for digital replica use during strikes, while employers wish to continue using them even during strikes, including on games affected by the strike.
- The duration of consent for real-time generation, with SAG-AFTRA proposing a five-year limit, renewable, versus the bargaining group's desire for unlimited consent.
- Disagreements over the minimum compensation for the creation and use of digital replicas, though tentative agreement has been reached on bonus pay calculations.
- Concerns over the bargaining group's proposal, modeled after the SAG-AFTRA TV/Film agreement, which grants employers additional rights in exchange for a premium payment. SAG-AFTRA finds this too broad and potentially undermining union rights, but is open to considering it with stricter boundaries.
- The implementation of a system to track the use of digital replicas to ensure performers are compensated appropriately, which the bargaining group considers unfeasible and only open to future discussions.
- Defining and regulating "synthetic" performers, those created entirely by generative AI systems.
Despite these unresolved issues, the chart indicates that tentative agreements have been reached on several other matters, including bonus pay, dispute resolution, certain aspects of minimum compensation, consent requirements, and certain disclosures to performers. However, SAG-AFTRA's letter to members expresses concern that the bargaining employers are misrepresenting the proximity to a deal, which the guild does not believe to be true. Duncan Crabtree-Ireland, SAG-AFTRA's national executive director and chief negotiator, emphasized the importance of solidarity:
With their previously signed projects dragging their way through the production pipeline, employers are feeling the squeeze from the strike, as SAG-AFTRA members who work in video games continue to stand together and refuse to work without adequate protections. This is causing employers to seek other performers they can exploit to fill those roles, including those who don’t typically perform in games. If you’re approached for such a role, we urge you to seriously consider the consequences. Not only would you be undermining the efforts of your fellow members, but you would be putting yourself at risk by working without protections against A.I. misuse. And “A.I. misuse” is just a nice way of saying that these companies want to use your performance to replace you — without consent or compensation.
In response, Audrey Cooling, spokesperson for the video game industry bargaining group, issued a statement:
We have proposed a deal that includes wage increases of over 15% for SAG-AFTRA represented performers in video games, as well as enhanced health and safety protections, industry-leading terms of use for AI digital replicas in-game and additional compensation for the use of an actor’s performance in other games. We have made meaningful progress and are eager to return to the bargaining table to reach a deal.
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 having been agreed upon. The impact of the strike is becoming increasingly visible across the industry. Players have noted that games like Destiny 2 and World of Warcraft have unvoiced NPCs in scenes that typically would be voiced, likely due to the strike. Last year, SAG-AFTRA struck League of Legends after Riot attempted to circumvent the strike by canceling a game, and Activision confirmed recasting characters in Call of Duty: Black Ops 6 following fan concerns about new voices.
In a recent development, two voice actors from Zenless Zone Zero discovered their replacement through the game's latest patch notes.