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 on the ongoing negotiations concerning video game actor AI protections, indicating that despite some progress, significant gaps remain between the guild and the industry bargaining group on crucial issues.

SAG-AFTRA has released a chart that outlines the discrepancies between its proposals and those of the bargaining group, which includes representatives from major AAA gaming companies. The chart highlights several unresolved issues:

1. Protection from Digital Replica or Generative AI Use: SAG-AFTRA seeks protections for all work, not just work produced after the agreement date. The bargaining group's stance remains unclear on this.

2. Definition of "Digital Replica": The guild proposes to include any performance, vocal or movement, that is "readily identifiable or attributable to" a performer. In contrast, the bargaining group prefers "objectively identifiable," which SAG-AFTRA believes could exclude many performances.

3. Inclusion of "Movement" Performers: SAG-AFTRA wants movement performers included in the generative AI agreement, while the bargaining group's position is not specified.

4. Terminology for AI-Generated Performances: SAG-AFTRA suggests using "real-time generation," while the bargaining group proposes "procedural generation," which the guild argues has a different meaning in the gaming context.

5. Disclosure Requirements: The guild wants employers to disclose if a performer's voice will be blended with others for a digital replica or used for a real-time chatbot with unlimited dialogue, whereas the bargaining group's position is not detailed.

6. Consent Withdrawal During Strikes: SAG-AFTRA's proposal allows for the withdrawal of consent for digital replica use during strikes, but employers want to continue using them even on struck games.

7. Duration of Consent for Real-Time Generation: SAG-AFTRA suggests a five-year limit with renewal required, while the bargaining group seeks unlimited consent.

8. Compensation for Digital Replica Use: There are disagreements on minimum payments for digital replica creation and use, though tentative agreements on bonus pay calculations have been reached.

9. Bonus Rights Proposal: The bargaining group's proposal, similar to the SAG-AFTRA TV/Film agreement, would grant employers additional rights in exchange for a premium. SAG-AFTRA considers this too broad and potentially circumventing union rights.

10. Tracking Digital Replica Use: SAG-AFTRA proposes a system to monitor digital replica usage to ensure proper compensation, but the bargaining group deems this infeasible and only open to discussion.

11. Regulation of "Synthetic" Performers: Specific definitions and regulations for characters created entirely by generative AI systems are still under contention.

Despite these unresolved issues, the chart indicates that tentative agreements have been reached on other matters, including bonus pay, dispute resolution, certain minimum compensation elements, consent requirements, and some disclosures to performers. However, SAG-AFTRA's letter to members expresses frustration that the bargaining employers might be misrepresenting the proximity of a deal.

SAG-AFTRA's national executive director and chief negotiator, Duncan Crabtree-Ireland, emphasized the pressure on employers due to the ongoing strike, warning members against taking roles that could undermine the union's efforts and expose them to AI misuse without proper protections.

In response, Audrey Cooling, spokesperson for the video game industry bargaining group, highlighted their proposed deal, which includes over 15% wage increases, enhanced health and safety protections, and industry-leading terms for AI digital replicas, expressing eagerness to return to negotiations.

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 impact of the strike is becoming increasingly visible, with reports of unvoiced NPCs in games like Destiny 2 and World of Warcraft, recasting in Call of Duty: Black Ops 6, and recent replacements noted in Zenless Zone Zero.