Agreement after Hollywood actors’ strike puts limits on Artificial Intelligence in films and series

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“If you use Brad Pitt’s smile and Jennifer Aniston’s eyes, you both have the right to give consent,” said Hollywood Actors Guild negotiator Duncan Crabtree-Ireland. Protest by Hollywood actors and screenwriters in front of Paramount studios in August Reuters From computer-generated extras to “virtual zombies”: the American actors’ union established new restrictions against the use of Artificial Intelligence (AI) in Hollywood. The Hollywood Actors Guild (SAG-AFTRA) this week reached an agreement with studios such as Disney and Netflix to end its almost four-month strike. Around 86% of the members of its board of directors voted in favor of ratifying the agreement. In addition to a minimum salary increase of 7% and a new fund of US$40 million annually (around R$196.8 million) to transfer a portion of the revenue from successful series from the studios to the actors, a key element of the negotiations were the barriers to the use of AI. The agreement “allows the industry to move forward, not block AI,” SAG-AFTRA negotiator Duncan Crabtree-Ireland said at a press conference. Vanessa Hudgens participates in the Actors Guild picket line in Los Angeles during the strike Chris Pizzello/Reuters “But it guarantees the protection of artists. Their rights to consent are protected. Their rights to fair compensation and their labor rights are protected,” he said. Studios have been experimenting with AI in recent years, whether bringing back deceased movie stars using realistic “digital replicas” or creating computer-generated extras to reduce the number of actors needed for battle scenes. Many cost-cutting producers want AI to play an increasingly important role and have begun requiring some actors to participate in high-tech 3D “body scans” on “set,” often without explaining how, or when, the images will be used. Now, any digital replica of an actor guarantees the artist the same compensation they would receive if they did the same “amount of work” in real life, Crabtree-Ireland said. Ahead of fears that extras would be the first to lose their jobs due to AI, strict restrictions have been imposed. “A digital replica cannot be used to circumvent the hiring and payment of a supporting actor under this contract,” Crabtree-Ireland added. Studios must obtain the consent of an actor — or their heirs — whenever they use their digital replica in a film or television episode. Nor can they present contracts that authorize them to use a replica indefinitely, but must instead provide a “reasonably specific description” of how it will be used. Filmmakers Edgar Wright and Larry Karaszewski participate in a picket line with Hollywood screenwriters’ and actors’ unions during the strike Chris Pizzello/AP ‘Zumbis’ AI technology is advancing at a dizzying pace, but it has never been part of contract renegotiation discussions at the SAG-AFTRA with the studios that happen every three years or so. SAG-AFTRA President Fran Drescher said it was vital to institute standards this time because, “in the world of AI, three months equals a year.” “So if we didn’t get these barricades, what would it be like in three years? It would be so out of our reach, that we would always be chasing something, but we would never end up achieving it,” he said. The last and controversial detail to be discussed with the studios on Tuesday night concerned the use of AI to create ‘fake synthetic actors’. Called by the American magazine Variety ‘zombies’, or ‘digital Frankensteins’, they are built of different parts of the real actors’ bodies. “If you use Brad Pitt’s smile and Jennifer Aniston’s eyes, they both have the right to give their consent,” Crabtree-Ireland explained to the magazine. On Friday, he said the studios are now required to obtain permission from all actors whose traits are used. They must also inform SAG-AFTRA whenever a “fake synthetic actor” is created. The union will have the right to negotiate compensation on behalf of the actors involved. Productions in abroad, such as filming for Paramount’s Gladiator sequel in Morocco and Malta, is also expected to be affected Reuters ‘Decisive factor’ Drescher said AI was a “decisive factor” in the negotiations and the protections will not only help the actors, but also many other professions in the entertainment industry. “In a synthetic world, you don’t need hairdressers, or makeup artists. You don’t need drivers. You don’t need set designers,” she explained. “So for us, continuing to wait for the best possible AI package would also have an impact on their future,” she added. Crabtree-Ireland urged politicians to do more to “make protecting AI a priority”. “Our members will advocate for legislative efforts and continue to actively participate in the movement to protect everyone’s image rights,” she said.

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