Disagreement over the use of artificial intelligence is playing a starring role as US actors began a following weeks of failed negotiations with Hollywood studios.
At stake is who may retain control over any digital doppelg盲ngers used in film and television. If studios gain sole control over the rights to an actor鈥檚 likeness, they could potentially use the digital twin in any number of film or television sequels and spin-offs without paying actors or even getting permission.
鈥淎n actor might find that they have lost control of their digital twin, who now gets more work than the original actor, without any compensation flowing to the original actor,鈥� says at US law firm Dorsey & Whitney LLP.
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The Alliance of Motion Picture and Television Producers 鈥� which represents both traditional studios and streaming platforms such as Netflix 鈥� issued a saying they had offered a 鈥済roundbreaking AI proposal which protects performers鈥� digital likenesses鈥� while requiring performer consent for the creation and use of digital replicas.
But during a press conference confirming the strike on 13 July, , chief negotiator for the Screen Actors Guild and the American Federation of Television and Radio Artists (SAG-AFTRA), described the studios鈥� AI proposal in very different terms.
鈥淚n that 鈥榞roundbreaking鈥� AI proposal, they proposed that our background performers should be able to be scanned, get paid for one day鈥檚 pay, and their companies should own that scan, their image, their likeness and should be able to use it for the rest of eternity on any project they want, with no consent and no compensation,鈥� said Crabtree-Ireland.
Studios have already used AIs to modify or enhance existing performances. For example, AI has placed new lips speaking different languages onto the face of an actor that never spoke those words. It has also improved de-ageing visual effects by erasing 鈥渄ecades from Harrison Ford in the upcoming Indiana Jones and the Dial of Destiny鈥�, says Meyer. AI was used to similar effect in The Irishman to allow Al Pacino, Robert De Niro and Joe Pesci to play much younger versions of themselves in a story that spans five decades.
And some projects are already using AI to keep actors鈥� performances going 鈥� even without the actor involved. James Earl Jones has retired, but he approved the use of his AI-replicated voice in future Star Wars content that may require the iconic rasp of Darth Vader.
SAG-AFTRA declared that studios must bargain with the union for use of AI and 鈥渄igital doubles鈥� in a 17 March . The union鈥檚 160,000 members 鈥� including leading actors, journeymen actors, background actors who fill out scenes as extras, voice actors, broadcast journalists, radio program hosts and even dancers or DJs 鈥� overwhelmingly voted to in the event of failed negotiations.
The ongoing Writers Guild of America strike by Hollywood writers has already shut down some film and show productions in Los Angeles and New York City, but a strike by actors and other SAG-AFTRA members would shut down almost everything else in production, says at the University of Georgia.
Meyer says a best-case scenario for performers would be an agreement that includes a standard set of AI-related rights that would apply across the board 鈥� that is, regardless of whether they are background extras or Scarlett Johansson. Another possible win for the union would be to restrict how and when AI-generated performances can be used to ensure that human actors have enough work in the future.
But even if today鈥檚 performers maintain some AI-related rights, 鈥渓ess established actors might have to compete against generations of digital versions of famous actors long after the original actors have retired or passed away鈥�, says Meyer. For example, Fortmueller gave the hypothetical scenario of Morgan Freeman鈥檚 soothing, authoritative voice being licensed as the voice of God long after his acting career has ended. With the ease of access to that kind of talent, would anyone else ever play the Almighty?
The worst-case scenario would leave each individual actor or performer to negotiate AI-related rights without a collective bargaining agreement. That would impact most of SAG-AFTRA鈥檚 members, who lack the star power and leverage to negotiate favourable terms 鈥� and could make it hard for any aspiring actor to achieve a sustainable livelihood in the future.
鈥淚 don鈥檛 think we need to worry about Tom Cruise,鈥� says Fortmueller. 鈥淏ut how does one become Tom Cruise in 20 years?鈥�
