SAG-AFTRA Still Far From Games Industry Deal 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 some progress has been made, the guild acknowledges that it remains "frustratingly far apart" from the video game industry bargaining group on several crucial issues.

SAG-AFTRA has released a detailed chart to illustrate the disparities between its proposals and those of the bargaining group, which includes representatives from major AAA gaming companies. Key points of contention include:

• Protection from Digital Replica or Generative AI Use: SAG-AFTRA seeks comprehensive protection for all work, not just future work post-agreement.
• Definition of "Digital Replica": The guild proposes that any performance, whether vocal or movement, that is "readily identifiable or attributable to" a performer should be considered a digital replica. Conversely, the bargaining group prefers the term "objectively identifiable," which SAG-AFTRA believes could exclude many performances.
• Inclusion of Movement Performers: SAG-AFTRA wants movement performers included in the generative AI agreement.
• Terminology for AI-Generated Performances: The guild prefers "real-time generation," while the bargaining group suggests "procedural generation," a term SAG-AFTRA argues has a different connotation in the gaming industry.
• Disclosure Requirements: Disputes remain over whether employers should disclose the blending of voices for digital replicas and the use of voices for real-time chatbots versus scripted dialogue.
• Consent During Strikes: SAG-AFTRA's proposal would withdraw consent for digital replica use during strikes, whereas employers wish to continue using them on struck games.
• Duration of Consent for Real-Time Generation: SAG-AFTRA suggests a five-year consent period, renewable thereafter, while the bargaining group seeks unlimited consent.
• Compensation for Digital Replicas: Disagreements persist on minimum payments, though tentative agreements have been reached on bonus pay calculations.
• Bonus Rights Proposal: The bargaining group's proposal, similar to one in the SAG-AFTRA TV/Film agreement, would grant employers additional rights for a premium, which SAG-AFTRA finds too broad but is willing to consider with stricter conditions.
• Tracking Digital Replica Usage: SAG-AFTRA wants to implement a tracking system to ensure fair compensation, while the bargaining group views this as unfeasible.
• Definitions of Synthetic Performers: Specific regulations around characters created entirely by generative AI systems are still under debate.

Despite these unresolved issues, the chart indicates that tentative agreements have been reached on several other points, 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, as the guild believes significant gaps remain.

SAG-AFTRA's national executive director and chief negotiator, Duncan Crabtree-Ireland, emphasized the ongoing impact of the strike on employers, who are feeling pressure as projects move through production without the participation of striking members. He warned members against taking roles that could undermine the strike and expose them to AI misuse without protections.

In response, Audrey Cooling, spokesperson for the video game industry bargaining group, stated that they have offered a deal with over 15% wage increases, enhanced health and safety protections, industry-leading AI terms, and additional compensation for cross-game use of performances. The group is eager to continue negotiations to reach 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 strike's effects are becoming increasingly visible, 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's alleged attempt to circumvent the strike, and Activision recasting characters in Call of Duty: Black Ops 6 due to player feedback. Additionally, two Zenless Zone Zero voice actors discovered their replacement through the game's latest patch notes.