SAG-AFTRA files an Unfair Labor Practice Charge Against Llama Productions over Darth Vader AI in Fortnite

The use of AI in entertainment has been a hot topic in recent years with a lot of negotiations and strikes regarding the topic. At the heart is the want of producers of content to be able to use AI to replicate actors, using their likeness and voice. The actors obviously want to be fairly compensated for that or it not to be used at all as the rise of this “creation” would diminish opportunities and endanger their livelihood.
Fortnite is currently doing a Star Wars crossover and that includes the replacement of human performers with AI technology which has caused SAG-AFTRA to not only speak out but take action.
SAG-AFTRA has released a statement as well as filed an “unfair labor practice charge” against Llama Productions to the NLRB. You can see a copy of that filing below.
We celebrate the right of our members and their estates to control the use of their digital replicas and welcome the use of new technologies to allow new generations to share in the enjoyment of those legacies and renowned roles. However, we must protect our right to bargain terms and conditions around uses of voice that replace the work of our members, including those who previously did the work of matching Darth Vader’s iconic rhythm and tone in video games.
Fortnite’s signatory company, Llama Productions, chose to replace the work of human performers with A.I. technology. Unfortunately, they did so without providing any notice of their intent to do this and without bargaining with us over appropriate terms. As such, we have filed an unfair labor practice charge with the NLRB against Llama Productions.
In that filing SAG-AFTRA charges:
Within the past six months, the Employer, by its agents and representatives, failed and refused to bargain in good faith with the union by making unilateral changes to terms and conditions of employment, without providing notice to the union or the opportunity to bargain, by utilizing AI-generated voices to replace bargaining unit work on the Interactive Program Fortnite.
SAG-AFTRA has negotiating an Interactive Media Agreement with video game producers with a strike that began in July and remains in effect.
SAG-AFTRA went on strike against some of the largest game companies in July, after more than 18 months of negotiation during which employers refused to agree to A.I. terms that would protect all SAG-AFTRA members who work on video games. Meanwhile, more than 100 video games have been signed to the union’s Interim Agreement and Tiered Budget Independent Agreement, which contain the protections SAG-AFTRA was seeking, showing that the union’s terms are reasonable and feasible for business.
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