SAG-AFTRA Strikes Over AI Protections Against Major Video Game Companies

SAG-AFTRA has announced a strike against major video game companies, including Activision and Electronic Arts. Read on to learn about their concerns regarding AI use and fair compensation for performers and temporary solutions.

SAG-AFTRA Announces Strike Against Major Video Game CompaniesThe Announcement and Main Sticking Points

SAG-AFTRA officially announced a strike against leading video game corporations yesterday, effective July 26 at 12:01 a.m. This decision, made after more than a year and a half of fruitless negotiations, was declared by SAG-AFTRA National Executive Director & Chief Negotiator Duncan Crabtree-Ireland. The strike affects companies including Activision Productions Inc., Blindlight LLC, Disney Character Voices Inc., Electronic Arts Productions Inc., Formosa Interactive LLC, Insomniac Games Inc., Llama Productions LLC, Take 2 Productions Inc., VoiceWorks Productions Inc., and WB Games Inc.

At the heart of the dispute is the unchecked use of artificial intelligence (AI). While the union does not oppose AI technology itself, members fear that it could be used to displace human performers. Concerns include the potential for AI to replicate actors' voices or create digital likenesses without consent, as well as the risk of AI taking over smaller roles that often serve as a stepping stone for less experienced actors. Ethical issues also arise if AI-generated content does not align with the actors' values.

Developer Workarounds During The Strike Timeframe

In response to the challenges posed by AI and other issues, SAG-AFTRA has introduced several new agreements. The Tiered-Budget Independent Interactive Media Agreement (I-IMA) is a novel approach designed to accommodate projects that traditional agreements cannot. This new framework includes four tiers based on a game's production budget, with rates and terms adjusted accordingly. Projects with budgets ranging from $250,000 to $30 million are covered under this agreement.

This agreement was created in February for indie and lower-budget video game projects, incorporating AI protections that the video game industry bargaining group had initially rejected. A notable development was a side deal with AI voice company Replica Studios in January, allowing unionized actors to create and license digital replicas of their voices under specific terms, including the right to opt out of perpetual use.

The Interim Interactive Media Agreement or the Interim Interactive Localization Agreement is another agreement that provides temporary solutions, covering aspects such as the following:

　⚫︎　Right of Rescission; Producer's Default
　⚫︎　Compensation
　⚫︎　Rate Maximum
　⚫︎　Artificial Intelligence/Digital Modeling
　⚫︎　Rest Periods
　⚫︎　Meal Periods
　⚫︎　Late Payments
　⚫︎　Health & Retirement
　⚫︎　Casting & Auditions - Self Tape
　⚫︎　Overnight Location Consecutive Employment
　⚫︎　Set Medics

These agreements exclude expansion packs, downloadable content, or other add-ons produced after the initial release. Interactive programs approved under these agreements are exempt from the strike, encouraging continued work during the strike period.

Timeline of Negotiations and Union Resilience

Negotiations commenced in October 2022, with SAG-AFTRA members overwhelmingly endorsing a video game strike authorization on September 24, 2023, with a 98.32% affirmative vote. Despite advancements on sundry matters, the primary impediment persists: the employers' reluctance to pledge to explicit and enforceable AI safeguards for performers.

“We shall not acquiesce to a covenant that empowers corporations to exploit A.I. to the detriment of our members. The time for prevarication has elapsed. When these corporations become earnest about proffering an accord our members can abide by and labor under, we shall be present, prepared to negotiate,” declared SAG-AFTRA President Fran Drescher.

Crabtree-Ireland emphasized the union's stance, highlighting the significant profits generated by the video game industry and the essential role of SAG-AFTRA members in bringing game characters to life. “It’s stunning that these video game studios haven’t learned anything from the lessons of last year, that our members can and will stand up and demand fair and equitable treatment with respect to A.I., and the public supports us in that,” he said.

Interactive Media Agreement Negotiating Committee Chair Sarah Elmaleh reiterated the union's commitment to fair AI practices, stating, “Eighteen months of negotiations have shown us that our employers are not interested in fair, reasonable A.I. protections, but rather flagrant exploitation. We refuse this paradigm, we will not leave any of our members behind, nor will we wait for sufficient protection any longer.”

As the strike unfolds, SAG-AFTRA remains steadfast in its pursuit of equitable treatment and protection for its members in the ever-evolving landscape of the video game industry.