This is the Latest Agreement Between the Hollywood Actors Union and Producers Regarding the Use of AI
JAKARTA - The Hollywood actors' union, Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), ended its strike on November 9 after 118 days of strike. This was done after there was a new agreement regarding various proposed stipulations, including the use of artificial intelligence (AI).
Afterward, the union released a summary of its final agreement with studios, which includes AI guidelines and a digital pamphlet explaining agreed AI regulations for the industry.
The AI deal is expected to come into effect 90 days after ratification of the deal. The terms include a definition of AI in industry terms, digital replication of cast and background actors, digital change, and the establishment of semi-annual meetings between unions and producers regarding the use of generative AI.
According to a report from Rolling Stone, the contract was approved by 86% of the SAG-AFTRA board and presented to union voters on November 12, with a 21-day voting period.
This agreement defines and establishes the scope for the creation, use, and alteration of “digital replicas” of cast members. These digital replicas are copies of a cast member's voice or face to "portray a cast member in a photograph or soundtrack where the cast member does not actually appear."
These digital replicas are categorized by those created in a working relationship with a studio and those created independently. The cast themselves will negotiate for compensation for the latter. However, for those employed directly by the studio, compensation will be provided for the creation and use of their AI replicas and their use in additional projects or other media, plus normal royalties.
The agreement also provides a definition for a new type of cast called a “synthetic cast.” According to the agreement, these are “digitally created assets” that are “intended to create, and create, the clear impression that the assets are non-recognizable natural casts as identifiable natural casts.”
When it comes to replicating background actors (stunts), this agreement appears to protect them from potential replacement, stating that "replicas shall not be used to achieve background numbers for the day. Replicas shall not be used to avoid the involvement of background actors."
The agreement emphasizes that explicit and "real" consent of the cast, both principal and stunt actors, is required throughout the replication process, both for its use in the production in which it was created and for future use.
Industry reactions to the deal have varied and alternated between praise for the deal and enthusiasm for moving forward. Some believe that more could have been done and are worried for the cast.
Director and producer Justine Bateman expressed her disagreement with the decision on social media. He called the AI permit "violative" and said she was disappointed in SAG-AFTRA leadership.
On the other hand, actor Jason Winston George, a member of the negotiating committee on the deal, defended the deal. "Not only is it unrealistic and impossible to try to ride the wave of technology, these new SAG-AFTRA protections actually allow you to surf the wave of AI technology when it comes to your face and appearance," he said.
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He said if the company wanted to pay him the rate he negotiated to use his AI double while he “stayed at home – or better yet worked another job,” he agreed.
However, he also said that there may still be a "struggle someday against Synthetic Fakes, completely AI-generated characters that look nothing like any of the individual actors."
On Bateman's side, actor Rainn Wilson, best known for his role in the sitcom The Office, mocked the deal, wondering what would happen if the actors didn't agree to the deal. Will they be replaced by AI actors?
The end of the SAG-AFTRA strike comes about a month after the Writers Guild of America strike ended on September 24. The WGA strike also negotiated over industry practices, among them the use of AI in writing rooms.