AI and the SAG-AFTRA New Rules
The newly negotiated SAG-AFTRA collective bargaining agreement addresses AI for the first time in history. Ratification by the members is almost certain and SAG-AFTRA members and the ratification vote will be concluded by the first week of December.
Who agreed to the AI definitions?
After 118 days on strike, the Alliance of Motion Picture & Television Producers (AMPTP) and the SAG-AFTRA Negotiating Committee came to an agreement about Artificial Intelligence.
Who is the AMPTP?
The AMPTP is a trade association responsible for negotiating nearly all the industry-wide guild and union contracts, including SAG-AFTRA and the Writers Guild of America (WGA). This agreement still needs to be ratified by SAG-AFTRA members.
The AMPTP acts as the entertainment industry’s official collective bargaining representative and negotiates with the Guilds on behalf of over 350 motion picture and television producers (member companies include the production entities of the studios, broadcast networks, certain cable networks and independent producers). Of the 350 producers, many companies produce limited content. There are only a handful of producers in the AMPTP who are “power players” producing and distributing massive content. Those power players are: Disney, Sony, Warner Bro., Universal (Comcast), Paramount, Apple, Amazon and Netflix.
What is AI and how will it be regulated?
Recently SAG-AFTRA pubished an easy to digest go to guide which explains the differences between AI — 1) Employment-based Digital Replica, 2) Independently Created Digital Replica, 3) Generative Artificial Intelligence and 4) Digital Replication of Background Actors.
The two page document can be viewed here: SAG-AFTRA AI Guide
ChatGPT was asked the following prompt:
“Create a image of an actress who wins an academy award.”
ChatGPT created this:
If this image of a fictional actress was used to create a character in a movie, would this character be subject to the newly negotiated Generative Artificial Intelligence regulations in the new agreement?
Consent: Because this is a fictional character no name was used it appears that consent will not be required.
Compensation: Producers must “notify” the Union and bargain over whether compensation or any other compensation is appropriate — but in reality what if the parties are unable to come to an agreement?
It’s likely the Producer could continue to shoot the picture with this fictional character.
It’s also possible the Union could not approved or green light the project. Accordingly, the project will not be a SAG-AFTRA covered picture and any and all SAG-AFTRA members who chose to work on the picture could be at risk for working on non-union projects and also be subject to a Rule 1 violation, “ [V]iolating it [Rule 1] can result in disciplinary action ranging from reprimands to fines to expulsion.” See: https://www.sagaftra.org/contracts-industry-resources/global-rule-one
How scenarios like this will play out has yet to be determined, but one thing is for certain. The use of AI will grow and this issue will continue to be at play not only in the Entertainment Industry, but in all sectors of our economy. Whether we like it or not, AI has no soul and doesn’t need to be paid fairly or get pension and health benefits.
