AI Is Disrupting Commercial Shoots, But Actors May Get New Guardrails

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As a dedicated fan in 2023, I found myself standing shoulder-to-shoulder with fellow SAG-AFTRA film and TV performers during our historic 118-day strike. The looming presence of AI, represented by DALL-E and ChatGPT, had made its mark on Hollywood, adding an unexpected layer of tension to our negotiations.

The tech was still fresh and rapidly evolving, yet it was clear that we needed to respond swiftly. After a grueling battle, we reached a deal that left some members elated, while others expressed concern, fearing that we had given too much ground in our efforts to adapt to the changing landscape.

After sixteen months, the entertainer’s guild is fine-tuning its strategy regarding technology, evident in their recent preliminary agreement concerning commercial work. The terms of this agreement, made public on May 8th, mark the first instance where SAG-AFTRA has limited access to member performances for training AI systems in a significant contract. Furthermore, the union argues that these contracts will discourage producers from employing AI-generated performers in favor of human ones, primarily as a cost-cutting measure.

Duncan Crabbie-Ireland, head of negotiations for SAG-AFTRA, explains that the new agreement builds upon all the crucial points we agreed upon in our previous contracts over the last one to two years, and significantly advances them in a critical manner,” says Duncan Crabtree-Ireland.

Stacy Marcus, a partner at DLA Piper and head negotiator for the Joint Policy Committee (which includes advertisers and advertising agencies), considers the AI provisions as a significant advancement. She explains, “Ensuring performers can continue their work and be fairly compensated for their performances, all while allowing advertisers to utilize cutting-edge technologies, I believe that’s incredibly important.

The decision hasn’t been finalized just yet; SAG-AFTRA members are casting their votes on approving the agreement by May 21. However, it’s important to remember that what looks good on paper may have hidden restrictions once the rules are implemented in real life.

Nonetheless, the union is emphasizing the advanced AI language as a significant aspect. According to their new rules, creators are prohibited from developing generative AI models using protected content without explicit permission from the union. This is a clear departure from 2023, when the union and Hollywood studios and streaming platforms only agreed to hold periodic discussions about potential compensation, as stated in the memorandum of understanding at the time. Regrettably, in that agreement, there was no explicit ban on training, whereas this one imposes restrictions. This change has left some union members disheartened, as they had hoped for a stricter policy regarding training.

This new agreement assigns a particular price for employing AI-created actors who aren’t modeled after real individuals (often referred to as “synthetic performers” in Hollywood contracts). Unlike human actors, their use is not encouraged primarily to save costs. Producers using both a synthetic performer and at least one human lead actor are obligated to cover various expenses, including increased session fees, benefits contributions proportionate to those fees, and estimated holding and usage fees that would have been paid to a human actor. In commercials featuring only AI actors, the union will negotiate potential benefit plan contributions with the producer.

As a gamer, I appreciate the enhanced terms in the 2023 TV/theatrical deal, where producers now guarantee to give us a heads-up and engage in fair negotiations if they opt for synthetic characters instead of human actors. It’s great that there’s clarity on potential repercussions when making such decisions, as stated by Crabtree-Ireland.

Marcus notes that, when viewed from a producer’s standpoint, artificial performers can bring about “productivity enhancements” which result in financial advantages, but it’s important to understand that the intention isn’t to replace human performers with them.

One issue the deal tackles is ensuring the security of digital replicas, a concern for some workers in the film and television industry. The agreement limits access to those with legitimate business needs and mandates that producers take appropriate measures to keep these replicas secure. Employers are also required to delete these replicas after a specified timeframe unless the performer agrees otherwise.

From an employer’s perspective, this agreement tackles crucial concerns regarding handling advanced technology. Marcus explains, “In the last three years, it has become a significant technological matter where it’s essential to ensure correct application.” The contract terms enable advertisers to employ editing technologies with AI elements that have been prevalent for some time, striking a balance between the industry’s desire to leverage these technologies to enhance production efficiency and value, while also setting boundaries for their use by performers.

While the union has made improvements regarding AI provisions, some issues continue to trouble performers. For instance, actors may unexpectedly be asked to undergo a last-minute digital scan for a character replica, as reported by certain TV stars back in 2024. However, it’s worth noting that if an actor is informed about the creation of a digital replica for a role only when starting the job, they have the right to refuse and will still be paid for the day if the employer decides not to use them instead. Additionally, if a producer knows at the audition stage that they want to create a digital replica, they should disclose this information in the casting notice. Nonetheless, synthetic performers can still compete for roles that might have been offered to humans in previous times.

However, this marks a step forward in addressing some concerns artists have about the union’s initial agreement regarding AI. Keep in mind that SAG-AFTRA will return to negotiations with film studios and streaming platforms next year, likely aiming to strengthen their protections for AI as technology continues to advance.

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This move signifies a beginning in addressing performers’ issues related to the union’s first significant deal involving AI. It’s worth noting that SAG-AFTRA will resume negotiations with Hollywood studios and streaming services next year, most likely focusing on enhancing their AI protections as technology evolves.

As a dedicated gamer, I’ve been keeping tabs on the ongoing standoff between the union and video game companies regarding AI. The union is steadfast in its stance, refusing to budge when it comes to AI proposals that, according to one of their negotiators, could lead to blatant exploitation. This issue is so crucial that performers have decided not to work for major companies like Activision and Electronic Arts since last July 2024, holding out in the hope for fairer treatment.

The question is whether the contracts from the union’s commercials, if approved, might influence future negotiations. When asked about this, Crabtree-Ireland was cautious. He stated, acknowledging that each contract is unique and employers have varying strategies, “I’m optimistic it could be the start of a trend, but I’m not sure the subsequent steps won’t require intense bargaining.

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2025-05-20 16:55