SAG-AFTRA Agreement Signifies Progress, but with Concerns
The recent SAG-AFTRA agreement includes extensive AI provisions, with essential protections for actors but also lingering concerns.
The groundbreaking deal reached between the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) and studios has a heavy focus on the implications of artificial intelligence (AI) in entertainment, with more than five pages of the 16-page contract outlines the provisions about AI.
The agreement introduces a comprehensive definition of generative AI, encompassing provisions about notice, consent, and compensation related to the use of digital replicas of actors and AI-generated "synthetic performers." This reflects a growing awareness and attention to regulations within the industry of the critical role human performance plays in motion pictures and the potential impact AI could have on employment in the sector.
Despite these advances, there are underlying concerns. One key issue is the agreement's allowance for studios to negotiate directly with actors for the use of their digital replicas, rather than going through the union. This bypasses SAG-AFTRA's initial request for a veto on certain AI uses, and thus the potential problem here is that studios might exert undue pressure on actors, especially those less established, to agree to terms that might not be in their best interest. This approach could lead to a situation where the use of digital doubles becomes a condition of employment, weakening the intended protections for actors.
The agreement differentiates digital replicas into two categories: "employment-based," created with the actor's physical participation in a project, and "independently-created," where an actor's voice and likeness are licensed to a production. While there are notable restrictions on consent and compensation for both, the intricacies of these provisions might not fully protect lower-tier actors. For instance, actors are to be compensated at their usual rates for days they would have worked if not replaced by their employment-based digital replica (EBDR). However, high-earning actors (Schedule F performers) are expected to negotiate their terms independently, which could disadvantage those who do not have substantial leverage in the industry.
The advancement of AI, particularly in creating realistic digital replicas, raises new challenges, including intellectual property concerns. Legal disputes have been emerging in this regard. A few cases where artists and authors sued companies like OpenAI and Meta for using copyrighted material to train AI systems have drawn public attention. SAG-AFTRA shares these concerns, particularly regarding the use of actors' performances as training data for AI, which could potentially replace human actors.
Union leaders defend the agreement as a necessary compromise in an industry increasingly influenced by AI. They argue that prohibiting AI entirely was unrealistic, and the current deal allows for other victories, such as residuals. While the final details are still pending in the Memorandum of Agreement, SAG-AFTRA believes they have secured meaningful protections for actors in the age of AI. Fran Drescher, SAG-AFTRA president, criticizes opposition to the new AI-inclusive deal, highlighting the impracticality of an AI ban and urging members to consider the contract's overall benefits.
Although the effectiveness of these provisions in safeguarding actors' interests in the face of evolving AI technology remains an open question, this tentative deal represents a significant step in addressing AI's role in entertainment.