Entertainment in the Age of A.I.

Imagine waking up to find you are the face of a new advertising campaign — and it’s a product you don’t want to be associated with. That was played for laughs on an episode of Friends, when Joey did some modeling and then, unbeknownst to him, ended up the face of an STD campaign.

As technology has evolved, artificial intelligence-powered software has made it possible to create realistic audiovisual, video and audio content known as “deepfakes.” It makes the above scenario not only possible, but a real threat to those who sign broadly written non-union contracts that allow for unfettered use of a performer’s image or voice.

In 2018, SAG-AFTRA magazine reported on the growth of digital replicas’ threats and opportunities. At that time, it was still a relatively niche technology, but in the last few years it has gone mainstream.
Nonconsensual deepfakes remain a problem — one the union remains vigilant about — but the underlying technology has many legitimate uses that can provide exciting new opportunities for members.

AI-Generated Content Is Growing

In recent years, there has been an explosion in the number of artificial intelligence, or “AI,” content technologies, and the quality of AI-generated content has improved exponentially.

AI tech has been used in large- and small-budget entertainment projects to virtually age and de-age characters in a way that is cleaner, cheaper and more believable than traditional visual effects, and without countless hours in the makeup chair. AI can simplify performance capture, potentially eliminating the need for capture suits and head rigs altogether. It can even be used to enhance the work performed by stunt performers, which can provide safety benefits.

In dubbing and ADR, AI technologies can help match an actor’s mouth and facial movements to the dialogue they are speaking. It can also be used to dub the films themselves. In the context of projects originally produced under SAG-AFTRA agreements, it could open new revenue opportunities by providing members an opportunity to negotiate for their voices to be used in the foreign-language release. On the other hand, distributors of foreign content who would otherwise hire SAG-AFTRA members to do dubbing work might find it preferable to use AI-generated audio of the original actors.

Although this has not yet happened on a widespread scale, there are companies proposing these business models as the technology improves, so the union is monitoring this closely.

Outside entertainment, AI-generated audio can be used in digital assistant devices, customer service, speech assistance and countless other applications, opening new areas of work for professional voice performers.

AI technologies have brought historic figures back to “life” in education and museum settings, typically with the help of an actor who provides the performance capture that animates the digital person.
This field is full of exciting innovations, and a lot of performers are eager to work in these new areas and potentially generate new income through their AI voice or avatar, but it’s important to understand both the technology and the pros and cons of working with it.

“Technological innovations have historically provided incredible new opportunities for our members,” said SAG-AFTRA Executive Vice President Ben Whitehair. “But we must, as we always have, be deeply mindful of the associated risks, and ensure that our digital performances and likeness are protected.”

Know What You Are Agreeing To

Anytime you grant rights to use your name, image, likeness and voice, you should have a clear contract in place governing the use. This is even more important in the digital context. But, even on traditional entertainment projects, performers are often asked to grant rights to use their voice, likeness, and performance well beyond what is necessary for the specific project.

You might have heard about a lawsuit filed by a Canadian voice actor against the company behind TikTok. The performer had done voice work for a Scotland-based company, but the voice files were allegedly used without her consent in the popular app. The case illustrates the risks for actors, particularly when working without the protection of the union behind you. Being branded as an app’s voice and being involuntarily associated with content that you cannot control can impact your image and ability to attract other voiceover work.

The nonunion AI contracts SAG-AFTRA has seen have very one-sided terms and are often with companies based in foreign countries. Many of these contracts give broad rights to use your likeness or voice irrevocably and in perpetuity — this means they have those rights forever and you cannot cancel the permission. There typically is no case-by-case approval over how your digital self is used, and no form of residuals or use-based payments no matter how long or widespread the use is.

“There are contract templates floating around that AI companies and industry players claim are performer-friendly, but a close look at the terms reveals a lack of crucial protections,” said Senior Assistant General Counsel, Compliance and Contracts Danielle Van Lier.

Rights of publicity — the laws that protect your name, voice, image and likeness — can potentially help against unauthorized uses of your digital self. These laws and others do not provide a remedy when you sign a contract granting away the rights. Without a union contract covering your work, your only potential recourse is costly litigation. The entertainment and media industry is always evolving, and as technology advances, it seems that the pace of change is ever-increasing. SAG-AFTRA members and staff are continually working with tech firms, attending conferences and staying up to date on all the latest information in this emerging field to ensure members are protected.

“Artificial intelligence is opening new frontiers in digital manipulation, and while it is new territory, it doesn’t have to be scary, as long as we stay informed about the potential hazards,” said SAG-AFTRA President Fran Drescher. “As we move into this bold new future together, your union will be standing by your side.”

This item originally featured in the SAG-AFTRA magazine summer 2022 issue.