Last week when SAG-AFTRA reached a tentative agreement on a new contract with the Alliance of Motion Picture and Television Producers (AMPTP), the details around the issue of artificial intelligence were at the top of everyone’s mind. Now, the union has released specific language around how AI provisions will appear in the contract. A graphic chart breaks down how the union and the studios plan to regulate artificial intelligence for actors across the entertainment industry.
In the case of artificial intelligence, any actor can be digitally recreated. The contract says employment-based digital replicas are “created during a performer’s employment with their physical participation, and used to portray the performer in scenes they didn’t actually shoot.” It’s mandatory for performers to give their consent, and if the performer does not consent before they die, then consent is still needed from “an authorized representative or the Union,” and the contract needs to clearly and specifically describe the use of this replica. As far as compensation, actors are entitled to be paid “for the creation and use of their replicas, and for use in additional projects or other mediums.” They will also be paid residuals, when actors are paid for their TV or film project re-airing on cable or streaming, in the amount they would typically receive if they were acting themselves, not using replicas.
For those independently created digital replicas, which are made from existing materials and used to portray actors in scenes they didn’t actually film in real life, producers are also obligated to get permission from these actors beforehand. If consent is not obtained before death, the studios still need “an authorized representative or the Union” to approve it. The contract also needs to explicitly describe how studios and producers intend to use the digital replica. Regarding payment, the contract states that “compensation and residuals [are] freely bargained,” which does not mean performers are necessarily “entitled” to compensation for the creation of the replicas and subsequent use in other projects.
When it comes to Generative AI (GAI), which is defined in the contract as, “A subset of artificial intelligence that learns patterns from data and produces content based on those patterns, able to simulate a performer’s voice, facial expressions, and movements to create entirely new content,” the agreement states that producers need permission from an actor if they plan to make a computer generated character that clearly looks like that actor. Both parties need to agree on how the artificially created character will be used in the project. The Union also has to be notified by producers if they create artificial performers so the two parties can then “bargain over whether compensation or any other consideration is appropriate.” The guidelines also state that, “Producers acknowledge importance of human performance and the risk of job replacement when utilizing GAI.”
Specifically, when it comes to digital replicas of background actors, which the contract defines as a “digital version of a background actor’s voice or likeness, made with the actor physically present, for scenes they didn’t actually film,” performers must be notified 48 hours in advance “or at booking if less than 48 hours ahead.” There’s also a requirement for “clear and separate consent” when using a background actor’s digital replica in a movie. In circumstances when the actor has died, the Union or the actors’ estate must also consent. As far as using digital replicas to replace background actors entirely, the contract states these replicas “will not be used to avoid the engagement of background actors” nor will they be used to meet the background counts for the day of filming. Compensation-wise, background actors will be paid for their digital replicas as if they were working the full day themselves. If their digital replica is used prominently in the film, background actors will also get paid a principal actor’s rate for the amount of days they would have worked in-person.
On Friday, the potential new contract was approved by 86 percent of union board members. SAG-AFTRA President Fran Drescher and Chief Negotiator Duncan Crabtree-Ireland discussed some of the details in a press conference on the same day.
“We feel that there is a robust and comprehensive set of protections for our members against the implementation of AI in the industry,” Crabtree-Ireland said. “It allows the industry to go forward. It does not block AI but it makes sure that performers are protected, the rights of consent are protected, the rights to pay compensation and the rights of employment are protected.”
While the majority of SAG members voted in favor of this contract and Drescher and Crabtree-Ireland are lauding the AI restrictions as a success, some other members are not happy with the deal the Union struck with the AMPTP.
Actress Justine Bateman has been notably critical of the provisions around artificial intelligence, sharing on X, formerly known as Twitter, a breakdown of her specific issues with the new contract. She also appeared on MSNBC to discuss where she believes the proposed AI negotiation fell short.
“The most serious issue of them all is the inclusion in the agreement of ‘Synthetic Performers,’ or ‘AI Objects’ resembling humans. This gives the studios/streamers a green-light to use human-looking AI Objects instead of hiring a human actor,” Bateman posted on X. “It’s one thing to use GAI to make a King Kong or a flying serpent (though this displaces many VFX/CGI artists), it is another thing to have an AI Object play a human character instead of a real actor. To me, this inclusion is an anathema to a union contract at all.”
Bateman added: “I find it baffling that a union representing human actors would give approval of those same actors being replaced by an AI Object. And don’t forget, those AI Objects are a mash-up of all actors’ past performances, adding insult to injury. Bottomline, we are in for a very unpleasant era for actors and crew. The use of ‘digital doubles’ alone will reduce the number of available jobs, because bigger name actors will have the opportunity to double or triple-book themselves on multiple projects at once.”
Voting is set to begin on Tuesday for members of SAG-AFTRA to ratify the agreement and make it official.