SAG-AFTRA and the Fight for Performers’ Rights in the Age of AI
AI’s capabilities are expanding rapidly, yet laws and regulations have struggled to keep pace. This is especially true in the entertainment and advertising industries, where AI is increasingly used to replicate performers’ voices, images, and likenesses without their consent. This poses a significant threat, not just to A-list celebrities, but especially to everyday working performers, including background actors, who often lack the resources and leverage of established stars. SAG-AFTRA, the union representing over 160,000 performers, has taken a proactive stance, making AI protection a key priority.
AI as a Double-Edged Sword
While the industry is constantly dealing with the impact of AI, SAG-AFTRA views it as a nuanced issue. Although performer concerns about AI were at the heart of the highly-publicized 2023 strike against the Alliance of Motion Picture and Television Producers, the union realizes that AI can potentially create new revenue streams for its members. Embracing responsible and ethical AI usage could offer performers opportunities to secure work more easily.
Strategic Alliances with Tech Companies
To this end, SAG-AFTRA has entered into agreements with technology companies specializing in creating and licensing “digital voice replicas.” These companies, such as Replica Studios, Narrativ, and Ethovox, offer digital replicas of a performer’s voice or likeness using AI technology. This provides performers with a way to safely engage with AI and secure additional work. The agreements address four core principles of ethical AI use:
- Transparency: Performers’ rights to know the intended use of their likeness.
- Consent: Performers’ rights to grant or deny permission for their likeness to be used.
- Compensation: Performers’ rights to fair payment.
- Control: Performers’ rights to set limits on how, when, where, and for how long their likenesses are used.
Legislative Efforts and Future Prospects
SAG-AFTRA’s efforts extend to supporting legislation that protects performers. In California, new laws have been enacted to prevent the unauthorized use of digital replicas of both living and deceased performers. These laws also prohibit contracts that allow a digital replica to replace a performer’s actual performance without their explicit consent.
Given that AI remains a critical concern, more strikes could potentially be implemented when union agreements come up for renegotiation. The Interactive Media Agreement is currently being negotiated, and the Commercials Contract is up for renewal in early 2025. The union’s commitment to its members is evident in its ongoing efforts to regulate AI.
The Bottom Line
- SAG-AFTRA has established agreements with technology companies to allow performers to authorize digital replication of their voices for use in video games and commercials.
- These agreements guarantee minimum pay rates and address transparency, consent, compensation, and control.
- Efforts to secure new legislation protecting performers from AI technologies without their consent have been successful.
