Keeping the Workforce Human in the Age of A.I.

Artificial intelligence technology will likely affect all areas of human life in the coming decade, possibly marking a new chapter for humanity — the nature of which will be determined by how it’s leveraged and who will reap the benefits. Will humankind use this powerful technology to improve and protect jobs for workers and their families, or will corporations exploit A.I. to reduce their workforce and increase their own profits?

In an effort to ensure SAG-AFTRA members are able to sustain livelihoods now and into the future, the union is addressing A.I. technology on a number of fronts, including contractual guardrails, legislative protections, education and advocacy.

Delivering the keynote address at a high-level UNESCO discussion on A.I. in October 2023, SAG-AFTRA National Executive Director & Chief Negotiator Duncan Crabtree-Ireland laid out the central challenge of this new era. 

“[W]ith the way things work right now, those who have the most power over the lives and well-being of others are those in charge of multibillion or even trillion-dollar corporations, and they’re rewarded for doing whatever it takes to increase profits for their shareholders,” he said. “That often means using every means at their disposal to exploit intellectual property, reduce worker compensation and slash the number of employees on their payroll.” The corporate playbook will be fairly predictable, he added.

“The companies will lobby against all A.I.-limiting legislation. They’ll hire PR firms to try to get public sentiment on their side, while painting those who favor intellectual property rights as anti-technology.”

Crabtree-Ireland stressed the need for swift action “to ensure the protections of individuals over the agendas of corporations. Trade unions have been taking the lead in these efforts, but success will rely on a groundswell of public support, the action of lawmakers, and the activism of labor unions and nonprofit organizations alike.”

LIT SUMMIT AT CES
In an effort to keep workers’ rights at the center of all discussions around technology and its implications, SAG-AFTRA co-founded the Labor Innovation & Technology Summit, which takes place during CES in Las Vegas, now in its sixth year. The LIT Summit brought together leaders from across the labor movement, entertainment sector and technology space to discuss what innovation means for the future of workers. From information and education to labor-management collaboration and training initiatives, every year the summit shines a light on the people driving change and progress.

This year’s LIT Summit was co-sponsored by the AFL-CIO and AFL-CIO Technology Institute, UNITE HERE and the American Federation of Teachers.

“SAG-AFTRA has been at the focal point of the national discourse around how A.I. technology could affect the livelihoods and artistry of those who work in the entertainment industry,” said SAG-AFTRA President Fran Drescher. “Our attention to innovation is why we voted to issue the historic strike order against the studios and streamers, and why we continue to fight so hard to address all these vital concerns around the use of A.I. and its implications for all individuals.”

Held Jan. 9–10 at the Horseshoe Hotel & Casino in Las Vegas, the summit featured labor leaders from across multiple industries, including AFL-CIO President Liz Shuler and Secretary-Treasurer Fred Redmond as well as SAG-AFTRA Executive Vice President Linda Powell, Secretary-Treasurer Joely Fisher, and Interactive Media Agreement Negotiating Committee Chair Sarah Elmaleh, among others.

TV/THEATRICAL CONTRACTS
The A.I. provisions achieved in the 2023 TV/Theatrical Contracts laid the first guideposts for a future where performers are protected in this new technological age. It represents SAG-AFTRA’s most significant achievement in terms of A.I. The contract contains the first-ever language around the use of the technology — establishing protections for performers that have never been in place before.

Bargaining around the use of A.I. will continue to be one of the most important challenges SAG-AFTRA faces. As A.I. takes new forms with unprecedented capabilities, SAG-AFTRA is dedicated to establishing the broadest possible protections for professional performers’ images, voices, likenesses and performances. The union will fight to prevent infringement and, in addition to achieving contractual protections, pursue and support legislative efforts.

Some of the gains achieved in the 2023 TV/Theatrical Contracts include:

•  Informed consent and compensation for the creation and use of digital replicas of our members, living and deceased, whether created on set or licensed for use.
• Language establishing that performers are now entitled to consent when a producer uses the performer’s name and features to prompta generative artificial intelligence system to create a “synthetic performer” or “fake” with a principal facial feature (eyes, ears, nose and/or mouth) that’s recognizable as that of the performer.

When it comes to A.I., actors and their employers are now on a level playing field. We’ve secured the initial foundation of protections that will carry our industry into future negotiations.

SOUND RECORDINGS CODE
On April 12, SAG-AFTRA and the leading record labels — Warner Music Group, Sony Music Entertainment, Universal Music Group and Disney Music Group — announced a tentative multiyear agreement on a successor contract to the SAG-AFTRA National Code of Fair Practice for Sound Recordings. The artificial intelligence guardrails in the agreement establish that the terms "artist,” “singer” and “royalty artist,” only include humans. Clear and conspicuous A.I. consent is required, along with minimum compensation requirements and specific details of intended use prior to the release of a sound recording that uses a digital replication of an artist’s voice.

TV ANIMATION CONTRACTS
The new TV Animation Contracts, ratified on March 22, were built on the gains of the TV/Theatrical agreement to secure improved protections for animation actors. Understanding that issues related to artificial intelligence are of critical significance to our members, the negotiating team was focused and aggressive in ensuring that this agreement built on the terms established in the TV/Theatrical Contracts and, most importantly, that the improvements we achieved were specific and directly relevant to the unique needs of the voiceover/animation community. The agreements include these improvements specific to voice acting: 

• It codifies that the term “voice actors” refers to and includes only humans, demonstrating in contract language that voice acting is and can only be performed by human beings.
• It removes the requirement that a digital replica must exclusively sound like the recognizable natural voice of an actor in order to be protected. Given that animation voiceover performances often achieve a distinct character voice that doesn’t sound necessarily like the actor’s normal speaking voice, we gained a critical new A.I. recognizability approach.
• “Employment-based digital replicas,” need only be recognized and identifiable via contracts and other regular business documents, confirming that it was in fact the performer’s voice used to make the replica.
• “Independently created digital replicas” need only sound like the “character voice” (the animated character) from which the replica was created.
• If the voice actor’s performance is digitally altered into a foreign language, the voice actor shall be eligible for residuals based on the distribution of the foreign-language version.
• Residuals for use of an employment-based digital replica are based on how much the voice actor is paid for use of the digital replica in addition to the time the voice actor would have spent performing, rather than defaulting to a day player participation.
• When prompting a generative artificial intelligence system with a performer name or names, consent of those performers is required. We have removed the requirement, which exists in live action, that a “major facial feature” be included in the prompt and there is no substitute for that criterion. 
• If a producer creates any synthetic voice — not just a human character — through generative artificial intelligence, they must give the union notice and bargain for appropriate consideration.
• We have established mandatory, regularly scheduled artificial intelligence meetings with producers, which will include discussion of methods and systems to track the use of digital replicas. A.I. technology is changing quickly and both parties understand that we will not simply wait for the contract cycle to conclude, when we can be making critical adjustments in real time. 

As other contracts come up for negotiation, protections are being expanded.

In their letter to members, TV Animation Negotiating Committee co-chairs Bob Bergen and David Jolliffe wrote that the agreement was “the first SAG-AFTRA animation voiceover-specific contract with substantial protections and gains in artificial intelligence. This is a milestone, especially today, where much of the voiceover industry is non-union with zero A.I. protections. But now, union-covered animation voiceover actors have A.I. addressed in this agreement, and the protections are specifically tailored to the work you do.”

REPLICA STUDIOS AGREEMENT
Replica Studios is an A.I.-powered voice platform and process for adding speech to film and game projects. Based out of Australia, the company aims to be an ethical A.I. voice company, and if voice actors wish to license their voices to Replica, they can now do so with the protection of a union contract.

Because SAG-AFTRA members need more contractual protections, not fewer, the fact that Replica Studios is a new signatory to SAG-AFTRA contracts is an important step forward in establishing union protections, terms and conditions for the use of digital voice replication in the video game industry. This agreement provides protections that weren’t previously afforded to members.

In an Instagram Live event held Jan. 10, Crabtree-Ireland further explained union nomenclature.

“Perhaps the term ‘agreement’ needs some clarification,” he said. “This is a contract with terms that Replica has to agree to in order to work with SAG-AFTRA members. Thanks to an empowered labor movement and an informed public, we have the chance to ensure that technology does what it’s supposed to do: make life better for all of us, rather than just those entities that have access to the most resources. SAG-AFTRA’s new agreement with Replica Studios paves the way for professional voiceover artists to safely explore new employment opportunities for their digital voice replicas with industry-leading protections tailored to A.I. technology. 

“Whenever the topic of A.I. comes up, there’s understandably a lot of fear and confusion,” Crabtree-Ireland added. “It’s important to understand that not having contractual protections in place does not make performers safer.”

Members can get more information about Replica’s signatory status at sagaftra.org/replica. 

CENTRAL CASTING
Central Casting, a company in Burbank that specializes in casting background talent, body doubles and stand-ins, recently worked with SAG-AFTRA to revise the language in the company’s photo release form. Among other things, the agreement previously read, “I grant Central Casting the unrestricted right to make, copyright, use, re-use or publish recordings in which I may be included, in whole or in part, and waive any right to inspect or approve the finished medium incorporating any recordings.”

The revised language now specifies that performers’ photos will only be shared with production companies in conjunction with Central’s casting services. Furthermore, the photo release limits Central Casting’s use of those photos for promotional purposes on their website and printed materials, and only accompanied with a disclaimer that the use is not an endorsement of their services.

This item originally featured in the SAG-AFTRA spring 2024 magazine.