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 issued an update to its members on the status of negotiations over video game actor AI protections, indicating that while progress has been made, significant gaps remain with the industry bargaining group on crucial issues.

The guild has released a chart highlighting the disparities between its proposals and those from the games industry bargaining group, which includes representatives from most major AAA gaming companies. According to SAG-AFTRA's comparison, the unresolved issues include:

• Protection from Digital Replica or Generative AI Use: SAG-AFTRA seeks protections for all work, not just work produced after the agreement's effective date.
• Definition of "Digital Replica": SAG-AFTRA proposes including 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 argues could exclude many performances.
• Inclusion of "Movement" Performers: SAG-AFTRA wants to include movement performers in the generative AI agreement.
• Terminology for AI-Generated Performances: SAG-AFTRA suggests using "real-time generation," while the bargaining group proposes "procedural generation," which SAG-AFTRA claims has a different meaning in games.
• Disclosure Requirements: Whether employers must disclose blending voices to create a digital replica or using a voice for a real-time chatbot versus scripted dialogue.
• Consent During Strikes: SAG-AFTRA's proposal withdraws consent for digital replica use during strikes, while employers want to continue using them, even on struck games.
• Duration of Consent for Real-Time Generation: SAG-AFTRA proposes a five-year consent period, renewable, whereas the bargaining group seeks unlimited consent.
• Compensation for Digital Replica Use: Disagreements on minimum pay, though tentative agreement on bonus pay calculation exists.
• Bonus Rights Proposal: The bargaining group's proposal, similar to the SAG-AFTRA TV/Film agreement, would grant employers additional rights if they pay a premium. SAG-AFTRA finds it too broad and potentially circumventing union rights.
• Tracking Digital Replica Use: SAG-AFTRA wants a system to track digital replica usage to ensure proper compensation, which the bargaining group deems unfeasible.
• Regulation of "Synthetic" Performers: Specific definitions and regulations for characters created entirely by generative AI systems.

Despite these differences, the chart shows tentative agreements on bonus pay, dispute resolution, certain minimum compensation elements, consent requirements, and some disclosures. However, SAG-AFTRA's letter to 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, warned members about the risks of working without AI protections during the strike, emphasizing the potential for performance misuse without consent or compensation.

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

The SAG-AFTRA video game strike, ongoing for eight months, was triggered by disagreements over AI provisions, despite agreement on 24 out of 25 other contract proposals. The strike's impact is becoming visible, with players noting unvoiced NPCs in games like Destiny 2 and World of Warcraft. SAG-AFTRA also struck League of Legends after Riot allegedly tried to circumvent the strike, and Activision recast characters in Call of Duty: Black Ops 6 following player concerns. Recently, two Zenless Zone Zero voice actors discovered their replacement through the game's latest patch notes.