If producers use artificial intelligence to simulate an actor’s performance, they have to bargain for it, SAG-AFTRA it said Friday in a statement on the use of AI and digital duplication.
“Terms and conditions involving the rights to digitally impersonate a performer to create new performances must be negotiated with the union,” the guild said in a statement.
“These rights are mandatory subjects of bargaining under the National Labor Relations Act,” the guild said. “Companies are required to negotiate with SAG-AFTRA before attempting to obtain these rights in individual performer contracts. Attempting to bypass SAG-AFTRA and deal directly with the actors on these issues is a clear violation of the NLRA.”
The WGA has recorded a similar position. This is the pattern of demands for the upcoming contract talks, which begin on Monday, the writers guild aims to “regulate the use of material created with artificial intelligence or similar technologies.”
“Human creators are the foundation of the creative industries and we must ensure that they are respected and compensated for their work,” SAG-AFTRA said. “Governments should not create new copyright or other intellectual property exemptions that allow artificial intelligence developers to exploit creative works, or professional voices and likenesses, without permission or compensation. Trustworthiness and transparency are essential to the success of AI.
“SAG-AFTRA will continue to prioritize the protection of our performing members against the unauthorized use of their voices, likenesses and performances. We are in frequent contact and actively working with other performers’ unions around the world on these important issues. We follow the latest developments in AI technology, its uses in the entertainment and media industry, and the evolving legal landscape. We will continue to negotiate and implement provisions around these technologies and their use so that employers and performers can work together.”
The guild also noted that its Global Rule One, which requires members to work under its contract on projects filmed anywhere in the world, “covers entering into any agreement with an employer to digitally simulate the voice or likeness of a member to create a new performance. As such, members should not assign these rights to any employer who has not executed a basic minimum union agreement.”
SAG-AFTRA also urged members to contact the guild if they believe their employers are asking them to give up AI rights. “The union will investigate and take appropriate measures to protect members based on the specific circumstances,” the guild said.