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Artificial Intelligence Terms of SAG-AFTRA TV Theatrical Contract

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
  1. Employment based replication of performer
    1. Work/Services 
      1. Includes voice or likeness;
      2. With the performers participation;
      3. For use in material the performer did not actually perform; 
      4. Explicit signed/initialed consent required; and 
      5. Compensation terms set forth in detail.
    2. Use of the Work
      1. In the work performer was employed for;
      2. Consent required unless as performed/scripted;
      3. Explicit signed/initialed consent required;  
      4. Consent continues after death unless explicitly agreed; and 
      5. Compensation terms set forth in detail.
  2. Independently created digital replica of performer
    1. Creating the impression that the digital replica is the performer; 
    2. Performing as a character;
    3. No employment arrangement; 
    4. Consent and bargaining required unless as performed/scripted;
    5. Explicit signed/initialed consent required;  
    6. If performer is dead, consent can be given by estate or union (if estate can’t be found);
    7. Pension and Health payments required; and
    8. 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)
  3. Digital alteration of performer
    1. Consent required unless as performed/scripted;
    2. Explicit signed/initialed consent required;  
    3. If performer is dead, consent can be given by estate or union (if estate can’t be found);
    4. Claims subject to arbitration; and 
    5. Remedies limited to monetary damages.
  4. “Synthetic Performers” created through Generative Artificial Intelligence
    1. 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]; 
    2. 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; 
    3. Does not apply to non-human characters; 
    4. Claims are arbitrable and limited to monetary damages; and 
    5. 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.
  5. Additional terms not covered in this summary for background performers
Summary of 2023 Tentative Successor Agreement to the 2020 Producer-SAG-AFTRA Codified BasiccAgreement and 2020 SAG-AFTRA Television Agreement

Tags

entertainment labor, entertainment music & sports, motion picture television & digital content, technology, artificial intelligence