New SAG-AFTRA contract includes AI protections

• After a 118-day strike, SAG-AFTRA and the AMPTP agreed on a new contract that marks a significant shift in the industry.
• SAG-AFTRA, initially sought a veto on certain uses of artificial intelligence (AI) but instead secured notice and consent requirements in their deal with studios.
• SAG-AFTRA engaged in extensive negotiations regarding AI protections in a tentative deal with studios.
• The deal defines generative artificial intelligence and includes provisions related to notice, consent, and compensation for digital replicas of actors and synthetic performers created by AI tools.
  • Film and TV producers require consent from actors to use their digital replicas.
  • Actors receive compensation at their usual rate for the work performed by digital replicas.
• Studios can negotiate directly with performers for approval of AI usage, potentially bypassing union requirements.
• The agreement distinguishes between employment-based digital replicas (EBDR) created with a performer’s participation and independently created replicas.
• For EBDR, actors are paid as if they worked the full number of days, discouraging cost-savings through AI.
• The deal may affect “journeymen” actors more than high earners.
• Concerns exist about studios using actors’ actions and expressions as training data for synthetic performers.
• The agreement allows actors’ performances to be used as training data, with discussions on remuneration.
• The deal reflects a compromise, acknowledging studios’ interest in AI while aiming to protect actors.
• Despite the success of the negotiations, there is lingering tension, with some artists expressing frustration over the perceived greed of studios.
• Some actors feel the contract is a significant achievement, while others believe it falls short in certain areas.

This contract represents a substantial milestone in the entertainment industry, with actors gaining improved working conditions and protections against emerging technologies.