November 22, 2023 MDG

Synthetic Media: AI SAG-AFTRA Deal Points

From this document: /AIFAQs.pdf

Big Picture Questions

AI Ban on Projects: AI not completely banned; focus on setting guardrails around its use.
Training AI on Work: Challenges in outright banning AI training on actors’ work due to legal complexities.
Consent for Digital Replicas: Producers must obtain explicit, informed consent for creating and using digital replicas.
Specificity in Consent: Legal requirements for clarity and specificity in consent provisions.


Refusal to Hire Without Consent: Producers can refuse to hire if consent for digital replica creation is not given.
Clear and Conspicuous Consent:  Legal standards for clear and conspicuous consent, including separate signing.
New Consent for Each Use: Requirement for separate consent for each specific use of digital replicas.
Informed Consent After Death: Provisions for post-mortem use of digital replicas and union’s role in consent process.

Principal Performers

Ownership of Digital Replicas: Legal ownership by employers with consent required for use.
Digital Replicas for Voice Actors: Inclusive provisions for voice actors in digital replica terms.
Difference Between Replica Types: Distinction between Employment-Based and Independently Created Digital Replicas.
Protections Against Unconsented Use: New contractual provisions protecting against unconsented use of digital replicas.

Background Actors

Ownership and Use of Background Actor Digital Replicas: Similar ownership and consent requirements as principal performers.
Compensation for Scanning and Use: Guidelines on compensation for scanning and use in projects.

Generative AI and Synthetic Assets

Use of Generative AI and Synthetic Performers: Contract language requiring notification and bargaining for the use of synthetic performers.

Protections Against Replacement by AI: Measures to prevent wholesale replacement of actors with AI-generated performers.


Handling Bankruptcy and Asset Transfer: Procedures for handling digital replicas in case of company bankruptcy.
Tracking and Enforcement of Digital Replica Terms: Strategies for monitoring and enforcing terms related to digital replicas.
Impact on Future Contract Negotiations: Implications of these terms on negotiations for other contracts.
Use of Digital Replicas During Strikes: Guidelines on the use of digital replicas during work stoppages or strikes.
Tracking Technology for Digital Replicas: Exploration of tracking technologies for monitoring the use of digital replicas.

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