SAG-AFTRA members will soon begin voting on ratifying their new deal with the studios. Here's a summary of the very extensive Artificial Intelligence terms, excluding the compensation terms, which you can feel free to peruse on your own time :)
- Creation, use, and alteration of “digital replicas” of performers
- Employment based replication of performer
- Work/Services
- Includes voice or likeness;
- With the performers participation;
- For use in material the performer did not actually perform;
- Explicit signed/initialed consent required; and
- Compensation terms set forth in detail.
- Use of the Work
- In the work performer was employed for;
- Consent required unless as performed/scripted;
- Explicit signed/initialed consent required;
- Consent continues after death unless explicitly agreed; and
- Compensation terms set forth in detail.
- Work/Services
- Independently created digital replica of performer
- Creating the impression that the digital replica is the performer;
- Performing as a character;
- No employment arrangement;
- Consent and bargaining required unless as performed/scripted;
- Explicit signed/initialed consent required;
- If performer is dead, consent can be given by estate or union (if estate can’t be found);
- Pension and Health payments required; and
- Exceptions to foregoing requirements if permitted under First Amendment (e.g., comment, criticism, scholarship, satire or parody, use in a docudrama, or historical or biographical work)
- Digital alteration of performer
- Consent required unless as performed/scripted;
- Explicit signed/initialed consent required;
- If performer is dead, consent can be given by estate or union (if estate can’t be found);
- Claims subject to arbitration; and
- Remedies limited to monetary damages.
- “Synthetic Performers” created through Generative Artificial Intelligence
- Defined as creation that makes people think it’s a real person that is not recognizable as a certain person, that is not voiced by a real person, where there is not an employment agreement with a real person and is not an employment based or independent digital replication [(a) and (b) above];
- Notice to Union and an opportunity to bargain in good faith over appropriate consideration, if any, if a Synthetic Performer is used in place of a performer who would have been engaged in a human role;
- Does not apply to non-human characters;
- Claims are arbitrable and limited to monetary damages; and
- Bargaining and performer consent needed when creating a Synthetic Performer with a principal facial feature (i.e., eyes, nose, ears and/or mouth) that is recognizable as that of a specific natural performer using Generative AI.
- Additional terms not covered in this summary for background performers