SAG-AFTRA Says It's Still 'Frustratingly Far Apart' From Games Industry Bargaining Group on AI Protections

The Screen Actors Guild - American Federation of Television and Radio Artists (SAG-AFTRA) has provided an update to its members regarding the ongoing negotiations for AI protections in video game acting. While some progress has been made, SAG-AFTRA remains "frustratingly far apart" from the industry bargaining group, comprised of representatives from major AAA gaming companies, on several critical issues.

A detailed chart released by the guild highlights the significant differences between their proposals and those of the bargaining group. Key points of contention include:

• Protection from digital replica or generative AI use for all past and future work, not just work produced after the agreement.
• A definition of "digital replica" that SAG-AFTRA proposes should cover any performance, vocal or movement, "readily identifiable or attributable to" a performer. The bargaining group prefers "objectively identifiable," which SAG-AFTRA argues could allow employers to exclude many performances.
• Inclusion of "movement" performers in the generative AI agreement.
• The use of "real-time generation" to describe generative AI-created performances, as opposed to the bargaining group's preference for "procedural generation," which SAG-AFTRA claims has a different meaning in the gaming context.
• Disclosure requirements for blending voices to create digital replicas and for using voices in real-time chatbots versus scripted dialogue.
• SAG-AFTRA's proposal to withdraw consent for digital replica use during strikes, while employers wish to continue using them, even on struck games.
• The duration of consent for real-time generation, with SAG-AFTRA proposing a five-year limit, while the bargaining group seeks unlimited consent.
• Disagreements over minimum compensation for digital replica creation and use, though tentative agreements have been reached on bonus pay calculations.
• The bargaining group's proposal to adopt a TV/Film agreement clause granting bonus rights to employers, which SAG-AFTRA finds too broad and potentially circumventing union rights.
• SAG-AFTRA's desire for a system to track digital replica usage to ensure proper compensation, which the bargaining group deems unfeasible.
• Definitions and regulations around "synthetic" performers created entirely by generative AI systems.

Despite these disagreements, tentative agreements have been reached on several other issues, including bonus pay, dispute resolution, certain minimum compensation elements, consent requirements, and some disclosures to performers. However, SAG-AFTRA's letter to members expresses concern that the bargaining employers are misrepresenting the proximity to a deal, which SAG-AFTRA believes is not the case. Duncan Crabtree-Ireland, SAG-AFTRA's national executive director and chief negotiator, emphasized the importance of solidarity among members, warning against taking roles that could undermine the strike and expose performers to AI misuse without protections.

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

The SAG-AFTRA video game strike, now in its eighth month, was triggered by disagreements over AI provisions, despite agreement on 24 out of 25 other contract proposals. The impact of the strike is becoming increasingly visible in the gaming industry, with players noticing unvoiced NPCs in games like Destiny 2 and World of Warcraft. SAG-AFTRA also struck League of Legends after Riot allegedly attempted to circumvent the strike, and Activision recast characters in Call of Duty: Black Ops 6 following player concerns about new voices. Most recently, two Zenless Zone Zero voice actors discovered their replacement through the game's latest patch notes.