In a recent development amid the ongoing strike in Hollywood, SAG-AFTRA, the prominent union representing Hollywood performers, has firmly rejected the studios’ “last, best, and final” offer to end the strike. The contentious issue at the heart of this rejection revolves around clauses that would allow studios to reuse AI-created likenesses of high-demand and deceased performers without the consent of their estates or families.
Union’s stand on AI likenesses
SAG-AFTRA’s stance on the matter is clear and resolute. The union, which safeguards the interests of actors and performers in the industry, is steadfast in its refusal to permit studios to exploit performers through what it perceives as a problematic loophole. According to a source from the union’s side, “They can’t have that loophole to exploit performers. We could not allow that language to stand.”
The crux of the dispute lies in the proposed terms related to AI scans and the subsequent usage of performers’ likenesses. The Alliance of Motion Picture and Television Producers (AMPTP), representing the studios, had put forward a proposal that would grant them the right to “secure AI scans” for Schedule F performers—union members earning more than $32,000 per TV episode or $60,000 per film.
What raised eyebrows in the union was the stipulation that studios would pay only once for the initial scan of these performers’ likenesses. This payment would effectively grant them eternal rights to use and reuse the AI-created likenesses without the need for further compensation or consent, a clause that raised concerns, particularly in the context of deceased performers.
AI consent for deceased actors
The contentious nature of this issue gained public attention, prompting both SAG-AFTRA and AMPTP to engage in discussions and negotiations. Subsequently, the union and the alliance have reportedly “reached a common understanding” on the thorny issue of AI consent, especially concerning actors who have passed away.
The rejection of the studios’ offer by SAG-AFTRA underscores the importance of protecting performers’ rights, even in the rapidly evolving landscape of AI technology. With the potential for AI-generated content becoming more prevalent in the entertainment industry, the negotiation of terms that ensure consent and fair compensation for actors is of paramount importance.
Industry-wide implications
This strike, which has now stretched over several weeks, has far-reaching implications for the entertainment industry as a whole. The standoff between SAG-AFTRA and AMPTP has disrupted the production of numerous film and television projects, resulting in financial losses and delays.
As the negotiations continue, both sides must grapple with the evolving nature of the entertainment industry and the integration of AI technology. Finding a balance between embracing innovation and safeguarding performers’ rights remains a complex challenge. The agreement on AI consent for deceased actors marks a significant step in the ongoing negotiations, but there are undoubtedly more issues to be addressed before a resolution is reached.
