Back when the SAG-AFTRA strikes started in July 2023, we got a brief glimpse of a future where generative artificial intelligence wasn’t a thing. Many actors were unwilling to comply with studios’ far-reaching requests to sign their likenesses away for AI training/replication, and for a while, it looked like SAG-AFTRA might blanket disavow companies that used AI to replace actors.
But that stance later softened. Over the last two years, SAG-AFTRA has been negotiating agreements that allow companies to use AI–including AI trained to replace actors. The union’s main sticking point is that these companies need “informed consent” from all affected parties.
Basically, an actor in the next Avatar film could give James Cameron‘s production permission to train an AI off their voice and movements, and inject a digital fake of them in the film, so they’d have a role without actually doing anything creatively significant. But if Cameron’s company recorded an actor’s likeness and dropped them in the film without a written contract allowing it to do so, that would get SAG-AFTRA upset.
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And that’s kind of what Fortnite did, according to a new SAG-AFTRA complaint.
The union has filed an unfair labor practice complaint against Fortnite developer Epic Games for using an AI voice made to replicate James Earl Jones‘. In its newest update, Fortnite introduced an interactive Darth Vader that can respond to questions players ask through their mics. (It could also be tempted to say certain four-letter words, an ability Epic swiftly patched out.)
SAG-AFTRA’s complaint isn’t about Fortnite using AI. It’s also not about Jones’ estate giving permission for his likeness to be used in training the dark side chatbot. Instead, it’s about the actors who, over the years, have been hired to play Darth Vader in video games, the union said.
“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,” it said in a statement. “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.”
What SAG-AFTRA is saying is that Epic Games didn’t do enough when it got the Jones estate’s permission to use his voice. Sure, Jones’ descendants agreed. That was fine. But SAG-AFTRA says Epic needed to clear things with it, and with the other actors who’ve played Vader, too. Without that clearance–and potential compensation–SAG-AFTRA says Fortnite‘s Vader is a no-go.
“Fortnite’s signatory company, Llama Productions, chose to replace the work of human performers with AI technology,” SAG-AFTRA said. “Unfortunately, they did so without providing any notice of their intent to do this and without bargaining with us over appropriate terms.”
Where will this go? Complaints like this from SAG-AFTRA can have different outcomes, from the union mandating that a company undo violative actions (like unjustly firing employees, etc) to requiring internal investigations with findings posted publicly. The complaint itself doesn’t say exactly what SAG-AFTRA wants Epic Games to do. It could ask Epic to remove Vader from the game until an agreement is reached, or it might ask the developer to pay a certain amount to it and affected actors. Either way, this case shows that SAG-AFTRA is still keeping a sharp eye on AI–especially if companies are using AI for profit without SAG-AFTRA getting its cut.
