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 provided its members with an update on the ongoing negotiations regarding AI protections for video game actors. While progress has been made, SAG-AFTRA remains "frustratingly far apart" from the industry bargaining group, which represents most major AAA gaming companies, on several crucial issues.

SAG-AFTRA has released a chart highlighting the differences between its proposals and those of the bargaining group. Key unresolved issues include:

• Protection from digital replica or generative AI use for all work, not just work produced after the agreement's effective date.
• A definition of "digital replica": SAG-AFTRA wants to include any performance, vocal or movement, "readily identifiable or attributable to" a performer based on work contracts. The bargaining group prefers "objectively identifiable," which SAG-AFTRA believes could allow employers to exclude many performances.
• Inclusion of "movement" performers in the generative AI agreement.
• Use of the phrase "real-time generation" to refer to generative AI-created performances. The bargaining group proposes "procedural generation," which SAG-AFTRA claims has a different meaning in the gaming context.
• Disclosure requirements for employers regarding the blending of voices to create digital replicas.
• Disclosure requirements for employers about using voices for real-time chatbots or scripted dialogue in game development.
• SAG-AFTRA's proposal to withdraw consent for digital replica use during a strike, while employers seek to continue using them, even on struck games.
• The duration of consent for real-time generation: SAG-AFTRA proposes five years, while the bargaining group seeks unlimited consent.
• Minimum compensation for digital replica creation and use, with tentative agreement reached on bonus pay calculations.
• The bargaining group's proposal to include bonus rights similar to those in the SAG-AFTRA TV/Film agreement, which SAG-AFTRA finds too broad and potentially circumventing union rights.
• Implementation of a tracking system for digital replica usage to ensure appropriate performer compensation, which the bargaining group considers unfeasible.
• Definitions and regulations concerning "synthetic" performers created entirely by generative AI systems.

Despite these unresolved issues, the chart indicates tentative agreements on bonus pay, dispute resolution, certain elements of minimum compensation, consent requirements, and specific disclosures to performers. However, SAG-AFTRA's letter to members expresses concern that the bargaining employers are misrepresenting the negotiation status, suggesting a closeness to a deal that SAG-AFTRA does not believe exists. Duncan Crabtree-Ireland, SAG-AFTRA's national executive director and chief negotiator, emphasized the importance of unity among members and warned against undermining the strike by accepting roles without adequate AI protections.

In response, Audrey Cooling, spokesperson for the video game industry bargaining group, stated that they have proposed a deal including over 15% wage increases for SAG-AFTRA represented performers, enhanced health and safety protections, industry-leading terms of use for in-game AI digital replicas, and additional compensation for performances used in other games. The group is eager to return to the bargaining table to finalize an agreement.

The SAG-AFTRA video game strike, now in its eighth month, was triggered by disagreements over AI provisions, despite 24 out of 25 other contract proposals being agreed upon. The strike's impact is increasingly visible across the gaming industry, with players noting unvoiced NPCs in games like Destiny 2 and World of Warcraft. Recent incidents include SAG-AFTRA striking League of Legends after Riot Games allegedly tried to undermine the strike, and Activision recasting characters in Call of Duty: Black Ops 6 due to player concerns about new voices. Additionally, two Zenless Zone Zero voice actors discovered their replacement through the game's latest patch notes.