The Screen Actors Guild‐American Federation of Television and Radio Artists (SAG-AFTRA) has established fresh protocols for using artificial intelligence (AI) in film and television productions. This move comes as part of a broader deal concluded with studios, including entertainment giants Disney and Netflix, to address the burgeoning role of technology in the industry.
Protection of performers in the AI era
The new contract, ratified with an overwhelming majority, introduces measures to protect actors’ rights in an increasingly digital landscape. With AI’s integration into Hollywood becoming more prevalent, concerns over consent and fair compensation have risen to the forefront of union negotiations. The agreement stipulates that using an actor’s digital likeness must be subject to the same pay rates as physical acting on set. Moreover, studios are barred from using digital replicas as a substitute for hiring actors, particularly for background roles.
A pivotal aspect of the negotiation ensures actors or their estates retain control over the use of their digital images. Studios are now required to obtain explicit consent for every instance of a digital replica’s usage and clearly describe its application. These measures aim to prevent the unauthorized or perpetual exploitation of an actor’s image, which has been a gray area with the advent of digital replication and resurrection technologies.
Fair compensation amidst technological advancements
The agreement also introduced a significant financial element: a new $40 million annual fund derived from the revenues of successful shows, ensuring a share of the profits for the actors involved. This reflects a broader push to ensure that the benefits of successful productions extend to those who contribute to their creation, in line with the industry’s evolving economic structures.
The discussions were not limited to financial aspects but also addressed the existential challenges AI poses to traditional roles within the industry. SAG-AFTRA’s proactive approach to AI regulation is intended to safeguard the interests of actors and the wider ecosystem of production staff, from makeup artists to set builders, whose livelihoods could be affected by the shift towards synthetic production methods.
Looking ahead: AI’s place in Hollywood’s future
The use of AI to create synthetic performances was one of the most contentious issues resolved in the agreement. New provisions have been crafted to regulate the creation of “synthetic fake performers,” which involve amalgamating features from different actors to create new virtual entities. Consent rights now extend to every individual whose likeness contributes to such digital constructs, addressing ethical concerns over the digital assemblage of human features.
As AI technology advances, SAG-AFTRA has taken steps to ensure that the renegotiation of its contracts with studios keeps pace with these developments. With AI’s potential to compress time in the production process, the agreement is a crucial measure to preemptively address issues before they become entrenched in industry problems.
The broader impact of this deal reaches beyond immediate industry concerns, as SAG-AFTRA’s president emphasized the importance of setting precedents that could influence future labor and technology discussions. By successfully embedding AI considerations into contractual obligations, the union has highlighted the necessity for ongoing dialogue and adjustment as the entertainment industry evolves.
Furthermore, the union has called upon policymakers to prioritize AI protections, signaling a shift towards more robust advocacy and legislative involvement in issues pertaining to personal likeness and technology use in media.
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