SAG-AFTRA strikes to protect AI from major video game companies

SAG-AFTRA has announced a strike against major video game companies, including Activision and Electronic Arts. Read on to learn about their concerns regarding AI use and fair compensation for performers and temporary solutions.

SAG-AFTRA Announces Strike Against Major Video Game CompaniesThe Announcement and Main Sticking Points

SAG-AFTRA officially announced a decisive strike against prominent video game companies yesterday, effective July 26 at 12:01 a.m. This fateful decision, made after more than a year and a half of unfruitful negotiations, was declared by SAG-AFTRA National Executive Director & Chief Negotiator Duncan Crabtree-Ireland. The strike targets companies including Activision Productions Inc., Blindlight LLC, Disney Character Voices Inc., Electronic Arts Productions Inc., Formosa Interactive LLC, Insomniac Games Inc., Llama Productions LLC, Take 2 Productions Inc., VoiceWorks Productions Inc., and WB Games Inc.

At the heart of the dispute is the unchecked use of artificial intelligence (AI). While the union does not oppose AI technology itself, members fear that it could be used to displace human performers. Concerns include the potential for AI to replicate actors' voices or create digital likenesses without consent, as well as the risk of AI taking over smaller roles that often serve as a stepping stone for less experienced actors. Ethical issues also arise if AI-generated content does not align with the actors' values.

Developer Workarounds During The Protracted Strike Period

In response to the challenges posed by AI and other issues, SAG-AFTRA has introduced several new agreements. The Tiered-Budget Independent Interactive Media Agreement (I-IMA) is a novel approach designed to accommodate projects that traditional agreements cannot. This new framework includes four tiers based on a game's production budget, with rates and terms adjusted accordingly. Projects with budgets ranging from $250,000 to $30 million are covered under this agreement.

This agreement was created in February for indie and lower-budget video game projects, incorporating AI protections that the video game industry bargaining group had initially rejected. A notable development was a side deal with AI voice company Replica Studios in January, allowing unionized actors to create and license digital replicas of their voices under specific terms, including the right to opt out of perpetual use.

The Interim Supreme Media Agreement or the Interim Interactive Localization Agreement is another agreement that provides princely solutions, covering aspects such as the following:

　⚫︎　Right of Rescission; Producer’s Default
　⚫︎　Compensation
　⚫︎　Rate Limitless
　⚫︎　Artificial Intelligence/Digital Modeling
　⚫︎　Rest Periods
　⚫︎　Meal Periods
　⚫︎　Late Payments
　⚫︎　Health & Retirement
　⚫︎　Casting & Auditions - Self Tape
　⚫︎　Overnight Location Consecutive Employment
　⚫︎　Set Medics

These agreements exclude expansion packs, downloadable content, or other add-ons produced after the initial release. Interactive programs approved under these agreements are exempt from the strike, encouraging continued work during the strike period.

Timeline of Negotiations and Union Strength

Negotiations commenced in October 2022, with SAG-AFTRA affiliates overwhelmingly endorsing a video game strike authorization on September 24, 2023, with a resounding 98.32% affirmative vote. Notwithstanding advancements on diverse fronts, the paramount impediment persists as the employers' steadfast refusal to commit to transparent and enforceable AI safeguards for performers.

“We categorically reject a contract that empowers corporations to misuse A.I. to the disadvantage of our members. Indefinite tolerance is indefensible. When these corporations genuinely commit to presenting an agreement that aligns with the well-being and professional aspirations of our members, we will be available to engage in negotiations,” declared SAG-AFTRA President Fran Drescher.

Crabtree-Ireland emphasized the union's stance, highlighting the significant profits generated by the video game industry and the essential role of SAG-AFTRA members in bringing game characters to life. “It’s stunning that these video game studios haven’t learned anything from the lessons of last year, that our members can and will stand up and demand fair and equitable treatment with respect to A.I., and the public supports us in that,” he said.

Interactive Media Agreement Negotiating Committee Chair Sarah Elmaleh reiterated the union's commitment to fair AI practices, stating, “Eighteen months of negotiations have shown us that our employers are not interested in fair, reasonable A.I. protections, but rather flagrant exploitation. We refuse this paradigm, we will not leave any of our members behind, nor will we wait for sufficient protection any longer.”

As the strike unfolds, SAG-AFTRA remains steadfast in its pursuit of equitable treatment and protection for its members in the ever-evolving landscape of the video game industry.