SAG-AFTRA

Spring 2023

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will never stand idly by if the professional voices, likenesses and performances of our members are misappropriated," said SAG-AFTRA General Counsel Jeffrey Bennett. In March, the union announced that it joined with major industry players to support the Human Artistry Campaign (see sidebar) and that the rights to digitally simulate a performer to create new performances must be bargained with the union. SAG-AFTRA warned that any attempt by employers to circumvent the union and deal directly with the performers on these issues is a violation of the National Labor Relations Act. SAG-AFTRA further clarified that Global Rule One, which requires that SAG-AFTRA members must always work under a union contract wherever they work, covers any agreement with an employer to digitally simulate a member's voice or likeness to create a new performance. As the technology improves at a dizzying speed, the laws protecting copyright and other intellectual rights will be tested. SAG-AFTRA emphasizes that governments should not create new copyright or other IP exemptions that allow AI developers to exploit creative works, or professional voices and likenesses, without permission or compensation. AI that generates text and art doesn't create it from nothing; it is trained on the hard work, brilliance, inspiration, sweat and creativity of countless artists — artists who have financial obligations and families, and who deserve to be compensated for their efforts. These issues and more were discussed earlier this year in Las Vegas at CES, formerly known as the Consumer Electronics Show, and at the union's annual Labor Innovation and Technology Summit. SAG-AFTRA organized another panel, Welcome to the Machine: Art in the Age of AI, at the SXSW media festival in Austin, Texas, in March. These panels not only brought together labor and business leader experts, they also provided a great way to explore the implications and disruptive potential of new technologies in a public forum, and provided opportunity for viewers to ask questions. And continuing these discussions will be key, as the industry finds its way in this new world. In order to protect artists, SAG-AFTRA will rely on what has always been its greatest strength: solidarity and the participation and engagement of members like you. Of all the tasks that could be automated, generating art was perhaps the one that was least in need of being done by a machine, but now that the technology has emerged, it's going to be part of the new reality for all creators. The union understands this, and it will be a continual process to build protections and shape the rules surrounding AI to prevent exploitation and make sure people remain at the center of the process — and that they are paid for the value they bring. The act of creating is one of the most fulfilling and satisfying aspects of human existence, and SAG-AFTRA is doing everything it can to keep it that way.

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