SAG-AFTRA proposes new terms to protect against exploitative AI in games

Labour union SAG-AFTRA has released new proposed terms for protection against exploitative generative AI practices in response to an offer from video game companies made on April 30th.

The union filed its response to the game companies on May 2nd which included proposed changes to clarify terms related to generative AI use, such as replacing "voiced dialogue" with "vocal material" to cover all sounds. 

SAG-AFTRA also sought assurances that companies will track performances to ensure workers are compensated for future use.

Moreover, the union also proposed a flexible approach to the Secondary Performance Payment (SSP), allowing it to be optional and subject to an annual audit. 

Furthermore, it opposed a 12-month reporting limit on performance usage, arguing that games often take longer to develop, necessitating access to older data.

Using replicas 

Employers initially wanted AI protections to apply only to new performances under the interactive media agreement (IMA), excluding past work and performances from outside the IMA. 

They have since agreed to cover all IMA work as a digital replica, regardless of when recorded. 

However, studios want to reuse a performer's replica within a franchise without special permission but will pay minimum scale, while SAG-AFTRA insists on prior notification and explicit consent.

“Some companies pay session by session for performers to record for pre-production, whereas many don't pay for this work or don't use performers at all," read the response to this specific clause. 

“Paying a single session fee for all scratch use on a project is a middle ground.

"We have repeatedly asked for why they can't pay by specific amount of use for performance they do typically track, meaning dialogue and visual performance for cinematics," SAG-AFTRA said. 

"No answer," the union continued. “Buyouts as a payment structure inherently benefit employers and make it harder for performers to make a sustainable living. This is evident wherever buyouts are introduced—more than a convenience, they are typically a purposeful discount to employers."

Mandatory buyouts 

SAG-AFTRA further highlighted that most performers work fewer than seven sessions under the contract, and if buyouts were mandatory, all actors would receive them, benefiting many but disadvantaged those who work extensively on a game. 

Since buyouts are not mandatory, companies may not offer them if they need a replica for fewer than six sessions. 

The union also demands that companies specify both the number of lines/estimated days and the negotiated payment in usage reports to ensure transparency.

In September 2024, SAG-AFTRA signed an interim agreement with 80 games to ensure fair AI protections during the ongoing strike against major game developers, which began in July 2024 after 18 months of failed negotiations. The agreement allows members to work during the strike.