SAG-AFTRA has stated its intention to explore all possible avenues "without having to pull the trigger on a strike"

Eight months ago, SAG-AFTRA members authorized a strike in the gaming sector due to stalled talks over the Interactive Media Agreement. The union, along with companies such as Activision, EA, Epic Games, Insomniac, and WB Games, has been in negotiations since October 2022. These companies collaborate with actors for voice and motion capture work in video games.

Despite not initiating a strike yet, discussions have reached an impasse post-authorization, without any conclusive agreement being reached. Though there has been progress in other areas, like the ethical AI voice work agreement with Replica Studios, the Interactive Media Agreement negotiations appear nearly stagnant.

"The pivotal issue now is AI," mentioned Sarah Elmaleh, a voice actor known for works like Anthem and chair of the Interactive Media Agreement negotiating committee at SAG-AFTRA. "We have made several proposals and resolved many issues over months of bargaining. However, the focus has now narrowed down to AI protection for all SAG-AFTRA members and performers."

According to Duncan Crabtree-Ireland, SAG-AFTRA's executive director and chief negotiator, there have been exchanges of proposals concerning AI between the union and the game companies over the last few months. "Yet the core issue remains unresolved," he added.

Crabtree-Ireland explained, "As a union, our demand is fundamental AI protections for all members. Even though the companies have agreed to many of these protections, some refuse to extend them to all members working under those contracts."

He further emphasized, "We are committed to ensuring none of our members are left behind in these negotiations. Achieving these protections should not be so challenging. They're basic." He drew parallels with SAG-AFTRA's struggle to secure similar agreements with film studios and streaming companies last year, which eventually settled after a five-month strike.

"Since then, we've negotiated similar protections with major record labels, TV animation companies, and others, without resorting to strikes. Several companies have signed on to these agreements, including the Replica Studios agreement concerning video game voice replication and the new tiered Interactive Media Agreement," Crabtree-Ireland said.

Echoing his sentiment, he remarked, "It's perplexing why providing basic protection seems to be met with such resistance." Some game studios, he suggested, might be hesitant due to fears about the future impact of AI on their businesses.

"For example, one major contention has been the limitations on training data inputs for AI models, but that's not the central issue here. This negotiation focuses on limiting the use of performers' work without their consent and fair compensation in subsequent AI-driven projects," Crabtree-Ireland clarified. He believes that these provisions are consistent with what has been achieved with other major companies and studios, some of which are operated by the same parent entities.

Crabtree-Ireland also acknowledged the widespread public support for SAG-AFTRA's principles, even from individuals who typically oppose unions.

He references the recent clash between Scarlett Johansson and OpenAI, involving accusations of the company using her voice likeness in ChatGPT without permission. Although OpenAI denied these claims, the actress disclosed that she had repeatedly turned down offers to voice the chatbot. Crabtree-Ireland observes the strong public backing Johansson received, commenting, "I think companies are running a real risk if they underestimate how the public will react to them not treating workers fairly in the context of AI."

Elmaleh highlights how Johansson's experience underscores a significant but often overlooked threat AI poses to performers.

"It's alarming to think you might be helping create material that could eventually replace you. We need to address this concern for all performers. There's been some progress, but we can't leave anyone out.

"Another issue, which our proposals attempt to tackle but have faced rejections, involves scenarios where, instead of making a genuine offer, companies might pressure someone like Scarlett Johansson, and, if she refuses, resort to using generative AI to create a similar output without her consent.

"Therefore, the problem of using AI to replicate a performer based on their famous roles or name, without their approval, remains unresolved and needs significant attention."

With AI protections being a major sticking point in SAG-AFTRA negotiations, the prospect of a strike looms large.

"We might reach a stage where the proposals exchanged look almost identical, with minimal progress," Elmaleh notes. "If that happens, it raises the question: Are we moving closer to a deal or not?"

"The issue of using AI to replicate a performer... really needs to be addressed"Sarah Elmaleh

"At that juncture, more pressure is required. Previous strike authorizations led to tangible results, and we must consider additional strategies. But when negotiation efforts stall, intensified pressure becomes necessary."

Crabtree-Ireland expresses skepticism about SAG-AFTRA compromising on member protections, which could potentially instigate a strike.

"To avoid a strike, companies need to reconsider their stance of only protecting select members. Resolving this issue is crucial," he explains.

"As things stand, there's a tangible likelihood that a strike may occur within the next 30 to 60 days. We aim to explore every avenue to settle these issues before resorting to a strike."

Historically, unionization in the gaming industry has lagged behind film, and workers are gradually gaining protections. When asked about what needs to change for gaming employees to achieve similar benefits, Elmaleh shared her thoughts.

"A strike appears increasingly likely in the next 30 to 60 days"Duncan Crabtree-Ireland

"Union strength comes from resistance. Employers won't offer concessions without it. Workers need to understand their value and leverage collective action effectively. It takes effort and a difficult environment like the current one to ignite that fight."

She adds that the recent harsh layoffs and lack of long-term sustainability in the industry highlight the need for such actions. It takes a tough situation for workers to decide they must fight for better conditions.

Crabtree-Ireland also mentions that many employers have an outdated perception of unions, believing they're disruptive to operations.

"It's the opposite," he emphasizes. "We want business to flourish, but on terms that are fair and respectful to the talent essential for success."

Another misconception is that workers raise issues due to a lack of passion for their work.

"That's untrue," Elmaleh responds. "Workers care deeply about their jobs and longevity isn't a priority for many companies. They want their work to be sustainable, and to reach that, a counterforce is necessary to advocate for their interests. So, if it seems like a fight, it's about setting boundaries."

"For those viewing this as a bitter fight, it's about establishing limits"Sarah Elmaleh

Looking toward the future, both hope for a resolution, whether through negotiation or, if necessary, a strike. Crabtree-Ireland suggests considering the long-term implications of AI.

"AI's evolution is inevitable," he remarks. "As it progresses, our contracts and terms must adapt as well.

"Since AI evolves rapidly, we've seen our agreements change swiftly too, even since our last deal in November. Once this dispute is resolved, I envision continuous collaboration with companies to find a respectful and protective path forward for AI advancements."

"Although this negotiation process has been particularly challenging and difficult, there is a clear path forward where collaboration is possible."