After months of strikes and picket lines, the Screen Actors Guild - American Federation of Television and Radio Artists (SAG-AFTRA) appeared to be on the brink of ending their labor dispute with Hollywood's movie studios. However, the recently announced tentative labor contract has left many striking actors skeptical due to its provisions regarding the use of generative AI technology.

The disagreement over the degree to which movie studios can digitally capture, own, and use the likenesses of living actors without oversight or restrictions has been a significant point of contention leading up to the strike. While the contract claims to offer "unprecedented provisions for consent and compensation that will protect members from the threat of AI," the vague language has raised concerns about how well it will safeguard actors' interests.

Notably, almost 14 percent of SAG-AFTRA's National Board voted against moving forward with the proposed contract, signaling caution towards the agreement. Comparatively, both the Writers Guild of America and the Directors Guild of America had their respective national boards unanimously recommend their tentative agreements earlier this year.

The 18-page-long summary of the proposed agreement outlines new definitions for different types of digital replicas and the requirement for clear consent from actors prior to capturing their likenesses. The contract also specifies minimum compensation for the scanning process in some cases. However, critics argue that the summary includes caveats that could potentially benefit the film studios and create loopholes. Director and former SAG-AFTRA board member, Justine Bateman, raised concerns about AI potentially replacing human actors and the possibility of studios hiring non-union actors.

Negotiations surrounding the AI provisions were extensively discussed by SAG-AFTRA's lead negotiator Duncan Crabtree-Ireland and Justine Bateman. While Bateman expressed justified caution about the future, Crabtree-Ireland emphasized that these AI rules were the most that could be achieved through the 118-day strike.

The tentative agreement grants studios the ability to create two types of digital replicas: employment-based and independently created replicas. It also defines "synthetic performers," generated through generative AI, as assets that resemble humans without being based on any specific individual. Clear guidelines are provided for obtaining consent and compensating actors, particularly in the case of reproducing an actor's likeness after their death.

The contract further requires studios to notify SAG-AFTRA when using AI assets instead of real actors, giving the union an opportunity to negotiate on behalf of human actors. However, specifics regarding this bargaining process have not been disclosed.

While the summary emphasizes the need for consent, it also suggests that studios may not require explicit permission to use actors' likenesses if the performance remains substantially as scripted and recorded. The lack of clear thresholds defining "substantial" changes raises concerns about potential violations by studios.

SAG-AFTRA's summary highlights that arbitration will be the main recourse for actors if the contract is violated. Additionally, it notes that actors signed to Schedule F contracts, usually film or series leads, would not be paid for subsequent use of their employment-based digital replicas. Negotiations for independently created digital replicas would be done on a case-by-case basis, potentially leading to varying compensation rates.

Furthermore, the summary states that projects protected by the First Amendment, such as docudramas, biographies, satires, parodies, or commentary, may use independently created digital replicas without obtaining consent or providing payment to actors.

While the summary lacks clear answers to several pressing questions, union members may not have access to the full text of the agreement before the ratification vote, which is scheduled for December 5th. SAG-AFTRA President Fran Drescher maintains that "nobody was thrown under the bus" and urges members not to believe inflammatory information being spread on social media.

As the entertainment industry continues to grapple with the evolving landscape of AI technology and its impact on actors, concerns remain about the enforceability and transparency of the tentative labor contract. With emerging legal frameworks for AI protections in countries worldwide, it is crucial for the AMPTP and SAG-AFTRA to consider the evolving trends in AI litigation and the potential consequences of non-compliance.

In the coming weeks, SAG-AFTRA members will decide whether to ratify the agreement, which will determine the future landscape for actors and their relationship with AI in the entertainment industry.