The looming threat of A.I. in the SAG-AFTRA tentative agreement is still ongoing. As more information is becoming public, it’s quite clear that the majority of the public is against the deal regarding the sections of artificial intelligence. The SAG-AFTRA union promised its members when they went on strike earlier this Summer, that artificial intelligence would be regulated in its usage and would not harm the careers of its members. That is not the case according to the new tentative agreement that SAG-AFTRA secured, and is awaiting a vote…
In the new contracts, the union is encouraging its members to be digitally scanned to create artificial replicas of themselves. There would be different types of artificial replicas depending on the agreed upon contract with the performer. This includes ‘Employment Based Digital Replicas’, ‘Independently Created Digital Replicas’, ‘Background Actor Digital Replicas’, and ‘Generative Artificial Intelligence’.
Employment Based Digital Replicas would be created during a performer’s employment and would be used to be in scenes the actor didn’t actually shoot. This ideally would help costs on reshoots, but could also assist in having the performers be portrayed in things they initially didn’t agree to. While consent from the performer for creation and usage of this digital replica is mandatory, it is well known that this industry has used ‘agree or walk’ tactics and it is likely that those who do not consent for the digital replica, the contract would be offered to someone who would consent.
Independently Created Digital Replicas would be created using previously existing materials the performer was already in. It would again be used in scenes the actor didn’t shoot. Similar to the Employment Based Digital Replica, consent would be required from either the performer before their death, or a representative, or the SAG-AFTRA union after the performer is deceased. A ‘reasonably’ specific description would be necessary on the usage of the digital replica. Compensation would be given to the performer for use of the digital replica but would be subject pension, and health contributions.
Background Actor Digital Replicas would be a digitised version of the background actor’s voice or likeness for scenes they didn’t actually partake in. However, the actor would be physically present. The background actor would be notified at least 48 hours in advance to create the digital replica or at a booking time if the notification came in less than 48 hours in advance. Consent is again required, but like the other digital replicas, it is a condition of employment. The time to create the digital replica is considered working time and would be paid accordingly. If the background actor is called in only for replication they would be compensated a full-day of pay. If the digital replica is used as a principal character, the actor would be paid a principals rate for ‘estimated’ days they would have worked had they actually been there in person. The replicas would not be allowed to meet background counts for the day on site nor can they be used to avoid engagement of background actors. If lip or facial movements are altered making it look like the background actor is speaking, and dialogue is added, they will be upgraded to be compensated to a day performer.
Generative Artificial Intelligence is currently classified as a subset of artificial intelligence in the tentative agreement. The Generative Artificial Intelligence would learn patterns from data and produce content based on those patterns. This would include simulating a performer’s voice, facial expressions, as well as movements to be able to create new content based on those patterns. If this is used, and a performer’s name and face is used to prompt this A.I. the company must first gain consent from the performer. They must also notify the union bargain if compensation or other considerations are appropriate for the performer.