How does the 48-hour notice for scanning work?
If the producer wants to scan you to create a background actor digital replica, they are required to inform you at least 48 hours in advance or when you are hired, if less than 48 hours. The producer must obtain your consent if the background digital replica will be used in connection with a motion picture, unless the photography or soundtrack remains substantially scripted, performed or recorded.
The notice to the background actor must be clear and conspicuous, such as in a rider or in contract language that is bold or in ALL CAPS.
When it comes to compensation, the producer must pay nothing less than the background actor daily minimum for the purpose of bargaining in connection with use in any medium other than that in which the background actor was employed. However, if the background actor’s digital replica is used in a field or medium that is covered by another applicable SAG-AFTRA collective bargaining agreement, then that agreement’s minimum wages and residuals, if any, will apply.
If the producer wants to use your digital replica in a different project or in a different way from what you consented to initially, they are required to get your consent again and pay the daily minimum each time they want to use your digital replica.
I am a background actor and was scanned by a producer. The language in my voucher gives them permission to use my “simulated likeness and voice.” How do the new digital replica provisions in the 2023 TV/Theatrical Contracts protect me?
A producer’s use of your digital replica is a mandatory subject of bargaining, and language in such a voucher is void to the extent it conflicts with your rights under the applicable collective bargaining agreement. In other words, the language in the voucher is NOT applicable and the producer has not validly obtained your consent unless they did so in a manner that complies with the terms of our contract.
These new provisions related to use of a digital replica will apply to any use going forward. That means the consent must be clear and conspicuous, outlining how the digital replica will be utilized and the specific medium in which it will be used.
Who owns a background actor’s digital replica?
The employer legally owns all materials created from your work on a motion picture. However, under the new contract terms, the employer cannot use or authorize use of those materials without your consent and, in most cases, further payments.
If you have any further questions about Background Contracts and A.I. email us at backgroundactorsInfo@sagaftra.org.
This item originally featured in the 'SAG-AFTRA' summer 2024 magazine issue.