SAG-AFTRA, the union representing Hollywood performers, has reportedly rejected studios’ “last, best and final” offer to end the strike, particularly clauses that would allow them to reuse AI-created likenesses of high-demand and deceased performers without consent. The union allegedly plans to make a counter-offer that removes the current AI-related language.
According to a report from The Hollywood Reporter, The Alliance of Motion Picture and Television Producers (AMPTP) proposed to “secure AI scans” for Schedule F performers (union members earning more than $32,000 per TV episode or $60,000 per film). The studios’ suggested deal would require them to pay once to scan the likenesses of Schedule F performers without paying for their use or re-use — essentially giving them eternal rights to their likenesses after paying once upfront.
The proposed deal also appeared to advocate for limitless use of dead performers’ AI-created likenesses without proper permission and without compensating their estate or SAG-AFTRA. This has been a major sticking point in the negotiations between the union and the studios.
However, after this part of the dispute became public, Variety reported that the union “reached a common understanding” with AMPTP on the “thorny issues” like AI consent after an actor dies.
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“We think it’s not just reasonable but is absolutely vital to the sustainability of the performance industry,” a source told The Hollywood Reporter before news of the modified offer broke. “[The Schedule F AI language in the AMPTP’s proposal] behooves them to have you dead in that they need consent when you’re alive but not when you’re dead.”
SAG-AFTRA reportedly updated union members about negotiations on Monday, assuring them it won’t agree to a lousy contract. “Please know every member of our TV/Theatrical Negotiating Committee is determined to secure the right deal and thereby bring this strike to an end responsibly,” the union wrote to its members. “There are several essential items on which we still do not have an agreement, including AI. We will keep you informed as events unfold.”
On August 24th, 2023, a new report from Variety claimed that the two sides have now resolved their differences over the AI rights of deceased actors.
The dispute between SAG-AFTRA and the studios highlights the growing importance of AI in the entertainment industry and the need to establish fair and ethical guidelines for its use, particularly when it comes to the likenesses of performers.
This issue raises important questions about the rights of performers, both living and deceased, and the potential ramifications of using AI to recreate their likenesses in film and television. While AI technology has the potential to revolutionize the entertainment industry, it must be used responsibly and ethically to protect the rights and interests of performers and their families.
The outcome of the negotiations between SAG-AFTRA and the studios will set an important precedent for the use of AI in the entertainment industry and could have far-reaching implications for performers and their rights. It is crucial for both sides to come to a fair and equitable agreement that protects the interests of performers while also allowing for the responsible use of AI in entertainment productions.
As the entertainment industry continues to evolve and embrace new technologies, it is essential for unions, studios, and other industry stakeholders to work together to establish clear guidelines and protections for performers in the age of AI. By doing so, they can ensure that the rights and interests of performers are upheld and that the industry continues to thrive in a responsible and ethical manner.
