SAG-AFTRA Ends Strike, Secures AI Usage Rights for Actors

The Screen Actors Guild‐American Federation of Television and Radio Artists (SAG-AFTRA) has finally reached a resolution, marking the end of its 118-day strike. The negotiations, which covered a wide array of issues from pension and health contributions to pay for background actors, were largely dominated by concerns over the use of artificial intelligence (AI) in the film and TV industries.

One of the key concerns for the union was the potential misuse of AI technology to digitally resurrect deceased actors or to create a digital amalgamation of various actors’ features. As AI technology advances, the ability to generate artificial intelligence-generated images and videos of actors has become increasingly sophisticated. This has sparked fears among actors about losing control over their performances and potentially their livelihoods.

While SAG-AFTRA did not secure all the AI restrictions it sought, it did achieve significant victories. The union successfully negotiated a requirement that studios must obtain permission from actors if their recognizable features are used to create a digital composite. Duncan Crabtree-Ireland, the union’s chief negotiator, explained, “If you’re using Brad Pitt’s smile and Jennifer Aniston’s eyes, both would have a right of consent.”

AI was also a major point of contention in the Writers Guild of America negotiations, as both unions grappled with the potential for their work to be used against them. They expressed concern that their scripts or performances could be fed into an AI text generator or an AI video generator, creating “new” work based on their original performances.

The final agreement did not include blanket restrictions against this type of training, but it did provide protection against the use of recognizable physical features in synthetic performances. Also, a consent requirement was established for the use of images of deceased actors.

Under California law, the estates of deceased actors have control over the use of the actors’ names and likenesses for 70 years posthumously. However, this law does not extend to “expressive works” such as movies or TV shows. With the latest AI tools, studios could theoretically create a new film starring a digital version of a late actor without needing approval from their estate. SAG-AFTRA’s negotiators successfully fought against this, ensuring that studios must seek approval from the estate.

The union also worked to restrict AI consents to individual projects. For example, Harrison Ford could consent to the use of AI in a specific “Indiana Jones” film, but the studio would not be allowed to continuously replicate him in future films without additional consent.

The final agreement allows for an AI consent to cover multiple projects, but these projects must be specified in the contract. The union and the studios spent considerable time working out the details of the replication of background actors.

The settlement marks a significant step in navigating the complex intersection of labor rights and AI technology in the entertainment industry. The full details of the agreement are expected to be released soon, as this latest AI news continues to reverberate across Hollywood and beyond.