The use and the possible abuse of artificial intelligence they were among the reasons why Hollywood screenwriters and actors went on strike. That and there division of the money deriving from streamingwhich are now becoming more and more popular and of which everyone (understandably) wants a slice.
After the agreement with the studios, which still has to be ratified and will probably be operational from the beginning of December, here we will focus on the first aspect, seeing the new rules on the use of AI in Hollywood. Which is something that Duncan Crabtree-Ireland, executive director of the SAG-Aftra union, had struck us as far from unfavorable when we met him last January.
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The concept of digital replication
Il document submitted by SAG-Aftra to members (over 160 thousand between actresses and actors), which we were able to view, is divided into 3 main macro areasgiving the definition of each, establishing the guidelines for use and any compensation due to the artist: Digital replicas, Digital replicas of extras, Use of generative AI.
The concept of digital replica is in turn divided into two: the union obtained that a distinction be made between one based on the work of an actor e that achieved by independent production. Both can be used to “portray the actor in scenes that he did not perform” but the first is “created while the actor is working and involves his physical participation”, while the second is “created using existing material”.
The difference is clear: the first requires the artist to be present on the set, and therefore to be paid for that day, while the second can be created using footage that the studio already has in its archive (come director Scott Mann explained to us some time ago). For this reason, what is allowed by the agreement is different: in the first case, “consent is mandatory for the creation and use of digital replicas” during filming and “further consent is also required for use in other projects” ; in the second case, “the producers are required to obtain the actor’s consent before using” the material. In both cases, “clear contracts with a specific description of the use” that will be made of the digital replica are required and above all “the consent not obtained before death (of the actor, ed.) must be granted by a representative of the union”.
As for the economic componentin both cases you are “right to compensation for the creation and use of the replicas and for their use in other projects or in other media” and this compensation must also include pension contributions and related to health care. In the specific case of replicas created from pre-existing material, the artist has the right to independently negotiate the compensation he deems appropriate, and it is reasonable to imagine that more highly regarded artists will be able to more favorable conditions arise for the digitization of their image.
The part of the agreement relating to AI, submitted to members by the SAG-Aftra union
The question of extras
Another important point is that linked to the extras, what they are called in Los Angeles background actorsbecause there was an understandable fear that studios would generate endless digital copies of people to populate the more animated scenes, thus cutting out a big chunk of revenue for lesser-known actors.
The agreement specifies that “it is necessary obtain clear and evident consent to digitally alter the artist’s already recorded performance, unless it remains substantially as it was scripted or performed”, that producers are required to “provide a specific description of the intended changes” and above all that “if the lip or facial movements are altered to make it appear as if an extra is speaking and dialogue is added, that extra will be paid that day as if they had acted.”
In this way a replica of the appearance is created, which is defined as “a digital version of the extra’s appearance or voice, made with the actor physically present on set and used for scenes that the actor did not perform”. Again: the fact that a digital replica of an extra will be made “has to be communicated 48 hours in advance” or in any case upon arrival on set, “in case there is less than 48 hours in advance”.
As for the guidelines and remunerationwhich is perhaps the most important step, “digital replicas they cannot be counted towards reaching the minimum wage of extras present on set” for each day and also “digital replicas cannot be used to avoid the calling of extras”. In general, “the time spent creating a digital replica counts as working time and must be paid accordingly”, if “an extra is called to the set only to be duplicated, he or she is paid for the entire working day” and if “the digital replica is then used to fill a major role, the extra is paid the same as an actor for that day and for all the days in which it is estimated that he could have worked in that role.”
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The use of generative AI
Finally, the delicate passage of generative artificial intelligencewhich the union demanded be defined as follows: “A type of AI that learns behavioral patterns from data and produces content based on these models, capable of simulating an artist’s voice, facial expressions and movements so as to create completely new content”.
In the agreement, which should put an end to almost 4 months of strikeit was put in black and white that “if a producer intends to create a computer-generated character that has any of the basic facial features, such as eyes, nose, mouth or ears, that clearly resemble an actor and intends to use that actor’s face to train the AI modelmust first obtain consent from the actor, including on how his copy will be used.”
Furthermore, it is expected that periodic meetings will be held between representatives of the studios and the union to ensure that the AI does not fuel any existing prejudices and that do not lead to job losses and “producers must communicate to the union if they intend to create digital actors and be ready to offer appropriate compensation”.
@capoema