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SAG-AFTRA Board Members Protest AI Loopholes in New Contract


03 July, 2024

Two members of the SAG-AFTRA board have voiced their concerns over the new contract, claiming it fails to provide sufficient protection for actors against artificial intelligence (AI). The contract, which was unanimously endorsed by the negotiating committee, came to an end on Wednesday, putting a stop to the 118-day strike. The national board approved the contract on Friday with 86% of the weighted vote in favor, and it has now been sent to members for ratification.

Board members Shaan Sharma and Anne-Marie Johnson were among at least eight dissenters on the 80-member board. Both highlighted AI as a critical factor in their opposition, although they also expressed other reservations. Johnson argued that AI should not replace human beings in what is created for public consumption. She maintained that without effectively countering AI, all previous achievements would be rendered meaningless.

Sharma, who also served as an alternate member of the negotiating committee, expressed his concerns about “significant loopholes” in the AI language that posed “existential threats to some of our categories of work.”

The deal, as outlined in an 18-page summary released by SAG-AFTRA, establishes consent and compensation requirements for using AI to generate “digital doubles.” However, it does not prohibit AI and does little to prevent studios from training on actors’ performances to create “synthetic” performers.

The contract stipulates that if an AI images generator creates a synthetic character with a recognizable facial feature of a real actor, and the actor’s name was used in the prompt to generate that character, then the producer must obtain the actor’s consent. However, Sharma argued that this protection is inadequate.

The union’s president, Fran Drescher, and its executive director, Duncan Crabtree-Ireland, defended the AI provisions during a 3 1/2-hour Zoom meeting for SAG-AFTRA members. They acknowledged that while the deal isn’t perfect, the union will continue to fight for further protections in future contracts.

Crabtree-Ireland fielded numerous AI-related questions from union members, including whether actors could be required to give AI consent as a condition of employment. He confirmed that they could and if an agreement couldn’t be reached, the employer could hire someone else.

Crabtree-Ireland also admitted that it’s challenging to ensure that AI won’t erode the craft of acting over time. He revealed that the union is lobbying for legislation in Washington, D.C., and Sacramento, as well as the Copyright Office, in an effort to shape public policy on the issue.

The guild is planning another informational meeting at the Hollywood Palladium. During the Zoom meeting, Drescher encouraged members to approach the information “with an open heart and an open mind.”

Justine Bateman, a former SAG board member and critic of the AI terms of the deal, urged members to be aware of the threat posed by AI. She advised actors to consult their agents and lawyers about negotiating for more robust AI protections individually.

National board member Johnson also expressed dissatisfaction with the residual bonus in streaming. She cautioned that Netflix and other streamers might not be transparent about which shows hit the viewership thresholds to qualify for the bonus. She suggested it would have been more beneficial to negotiate a share of revenue.

Sharma suggested that the deal is likely to be ratified, as has been the case with all previous deals. However, if it were rejected by the membership, that wouldn’t necessarily mean the union would go back on strike. The union would have to return to negotiations without any guarantee that the current terms would remain in place.

In conclusion, while the deal does require studios to get permission from a deceased actor’s estate before using AI video generator technology to recreate their likeness, it seems there are still many concerns among SAG-AFTRA members about the broader implications of AI in the industry. As the latest ai news & ai tools continue to evolve, it’s clear that the discussion around AI and its impact on acting is far from over.