In 2023, due to AI, Sag-Aftra movies and TV performers stayed on strike for 118 days. As Dall-e and Chatgpt are still a relatively new phenomenon, but technology quickly invaded Hollywood, the pressure was enough, and the league eventually concluded a deal that pleased some members while others were frustrated, fearing that the union had ceded too much ground.

A year and a half later, the performers union began to refine its approach to technology, as evidenced by a new tentative agreement covering advertising efforts. The advertising contracts released in-depth details on May 8, representing the first time that SAG-AFTRA has restricted access to its member performances to train a generation AI system in a large deal. The union also argues that contracts are expected to reject producers using AI-generated performers rather than being specifically used as a cost-saving mechanism.

“In fact, it adopts all the key terms we bargained in past contracts, even though they have been evolving over the past year or two and have taken a step further in a very important way,” said Duncan Crabtree-Ireland, national executive director of Sag-Aftra.

Stacy Marcus, partner at DLA Piper and partner with the chief negotiator of the joint policy committee group consisting of advertisers and advertising agencies, said AI regulations are an important step forward. “I think it’s huge to retain the performers’ ability to work and to gain the role they play when enabling advertisers to leverage the technology available,” she said.

This is not a deal yet; SAG-AFTRA members are voting on whether to approve the agreement until May 21. Although contract language looks great on paper, limitations always arise when actually putting these rules into practice.

Despite this, the union still uses AI language as a key feature. Under its terms, producers cannot train generated AI models unless they obtain explicit consent from the alliance. This marks a clear shift from 2023, when unions and Hollywood studios and streaming are essentially just promised to meet occasionally to “discuss proper compensation (if any)”, as mentioned at the time, from the generated AI training. To some union members’ disappointment, there is no explicit prohibition on training in the agreement, which limits it.

The new deal also attaches specific costs to the use of performers generated using AI from human actors (the so-called "synthetic performers" in Hollywood labor contracts). In addition to some common languages ​​that prohibit employers from using these performers primarily to save money from human actors, the agreement requires producers to use synthetic performers with at least one human primary performer to cover a large amount of fees - 1.5 session fees and welfare donations, which are based on these fees, as well as estimated usage costs and due to human performers' estimates, if human performers are performed by humans. If commercial advertising that only utilizes synthetic performances, the union should negotiate with the producers about the potential contribution of these welfare programs.

SAG-AFTRA believes this is an improvement to the 2023 TV/Theatrical Deal, and the producers only agree to provide union notifications and “kind bargaining opportunities” if synthetic performers are used instead of human performers. "For all those who care, what are the consequences of choosing this path," Crabtree-Ireland said.

From the producer’s perspective, synthetic performers create “productivity”, thus saving costs, but the goal of using is not to find employment from human performers.

Another pain point to dealing with? Digital replication security involves some union members working on movies and TV. This agreement limits access to only those with actual business reasons to use replicas and requires producers to make "commercially reasonable efforts" to ensure their security. Unless the performer agrees otherwise, the employer must destroy the replica after a period of time.

From an employer's perspective, the deal addresses significant questions about how to deal with new technologies. “This has really become a problem on the technical level for people to make sure they do the right thing,” Marcus said. The contract language allows advertisers to use long-time editing technology for AI components and “balance the industry’s need to leverage available technologies to increase productivity and value” while using guardrails for performers.

Of course, the union did not address everything that plagued some performers’ past AI regulations. The actors are still likely to be scanned for the last minute request to scan digital copies, a pair of TV performers reported thr In 2024. (Still, if the performer knows only the digital replicas the employer wants to create for the character because when they start working, the performer can refuse, if the employer then decides not to use them, then if the employer decides not to use them, then if the employer decides not to use them. And if the producer knows that they want to create a digital replica in the digitized role during the casting stage, it may be manifested in the actors, who may play in the casting list. Humans.

But this is the beginning of solving the first major agreement between some Qualms performers and the union to deal with AI. After all, SAG-AFTRA will return to the bargaining table next year with Hollywood studios and streamers, presumably to strengthen its AI protection, as technology matures.

Meanwhile, when it comes to AI, unions are clearly still focused on keeping their position. It is currently in a stalemate with video game companies on AI proposals, which union negotiators say will lead to "blatant exploitation," a threat that its performers have now detained their work from major companies such as Activision and Electronic Arts since July 2024.

The question now is, if the union commercial advertisement is approved, can we sign future negotiations? When asked, Crabtree-Ireland was cautious. He said pointing out that every contract is different and employers have a unique approach: “I hope this is the first step in a trend in this direction, but I have no doubt it will be difficult to fight.”