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 issued a significant update to its members regarding the ongoing negotiations over AI protections for video game actors. While some progress has been achieved, SAG-AFTRA remains "frustratingly far apart" from the video game industry bargaining group on crucial issues. The guild has released a detailed chart to illustrate the discrepancies between their proposals and those of the bargaining group, which includes representatives from most major AAA gaming companies.

Key points of contention highlighted in the chart include:

• Protection from the use of digital replicas or generative AI for all past and future work, not just work produced after the agreement's implementation.
• A definition of "digital replica" that encompasses any performance, vocal or movement, "readily identifiable or attributable to" a performer. The bargaining group prefers "objectively identifiable," which SAG-AFTRA argues could exclude many performances.
• 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 preferred "procedural generation," which SAG-AFTRA says has a different implication in gaming.
• Disclosure requirements for blending voices to create digital replicas and using voices for real-time chatbots versus scripted dialogue.
• SAG-AFTRA's proposal to withdraw consent for digital replica use during strikes, while employers seek to continue usage, even on struck games.
• The duration of consent for real-time generation, with SAG-AFTRA suggesting a five-year limit, whereas the bargaining group seeks perpetual consent.
• Disagreements on minimum compensation for digital replica creation and use, though a tentative agreement on bonus pay calculation has been reached.
• The bargaining group's proposal to grant employers bonus rights akin to those in the TV/Film agreement, which SAG-AFTRA deems too broad and a potential circumvention of union rights.
• A system to track the usage of digital replicas to ensure proper compensation, which the bargaining group considers unfeasible.
• Specific definitions and regulations for "synthetic" performers created entirely by generative AI systems.

Despite these differences, tentative agreements have been reached on issues like bonus pay, dispute resolution, certain minimum compensation elements, consent requirements, and specific disclosures to performers. However, SAG-AFTRA's letter to its members expresses concern that the bargaining employers are misrepresenting the proximity to a deal. Duncan Crabtree-Ireland, SAG-AFTRA's national executive director and chief negotiator, emphasized the importance of solidarity among members, warning against accepting roles that undermine the strike and expose performers to risks of AI misuse without adequate protections.

In response, Audrey Cooling, spokesperson for the video game industry bargaining group, stated that they have proposed a deal featuring over 15% wage increases, enhanced health and safety protections, industry-leading AI digital replica terms, and additional compensation for performances used in other games. The group expressed eagerness to return to the bargaining table to finalize an agreement.

The SAG-AFTRA video game strike, now in its eighth month, was initiated due to disagreements specifically over AI provisions, despite agreement on 24 out of 25 other contract proposals. The strike's impact is becoming increasingly visible in the gaming industry, with players noting unvoiced NPCs in games like Destiny 2 and World of Warcraft. Late last year, SAG-AFTRA struck against League of Legends following Riot's alleged attempt to subvert the strike, and Activision recast characters in Call of Duty: Black Ops 6 due to player concerns about new voices. Recently, two Zenless Zone Zero voice actors discovered their replacement through the game's latest patch notes.