Issue link: https://digital.copcomm.com/i/1520149
22 SAG-AFTRA | Spring 2024 | sagaftra.org For Members SAG-AFTRA Special Convention Coming This Summer S AG-AFTRA will be holding a virtual special convention on June 22 and 23. The purpose of the special convention is to review outstanding resolutions from the 2023 convention, due to its early adjournment, when the AMPTP abruptly agreed to return to the bargaining table to negotiate the TV/ Theatrical Contracts on the 100th day of the strike. Although it was great news and ultimately led to a breakthrough contract, it also meant that some of the union business that's conducted at the convention would have to wait. At the Oct. 21 convention gathering, themed "Future Forward – Union Power," the union's top officers were elected and delegates had the opportunity to hear reports from leadership. When delegates return for the special convention in June, much of the time will be devoted to debating and voting on member-submitted resolutions, which is one way the union sets its priorities. There will also be time set aside for the American Scene Awards, which recognizes producers that create music, news and entertainment that intelligently and progressively employ the talents of people of color, people with disabilities, LGBTQ+, women, seniors, and other misrepresented or underrepresented groups. Additionally, there will be a ceremony honoring members and staff who have made exceptional contributions to the union. They will join the elite ranks of those who have received the George Heller Memorial Award, represented by a gold membership card. So, in the end, the convention's theme "Future Forward" was oddly prescient, as some of the business ended up being pushed forward, into the future. And the future will be here in June — so stay tuned to find out which resolutions get passed and who is honored. VIOLAINE MARTIN / ILO SAG-AFTRA Reaches International Leaders in Davos, Geneva & Beyond S AG-AFTRA National Executive Director & Chief Negotiator Duncan Crabtree-Ireland recently made a number of trips to Switzerland to engage in discussions advocating for workers rights. On Jan. 16, he participated in the Workers in Focus session at the World Economic Forum Annual Meeting in Davos. On March 11, he traveled to Geneva to attend the High-Level Segment of the 350th session of the International Labour Organization's Governing Body. And on April 18, he returned to Geneva and spoke during the World Intellectual Property Organization session Standing Committee on Copyright and Related Rights. SAG-AFTRA works with labor unions from other countries and international organizations on issues common to performers and media professionals worldwide. NEW Background Bulletins Available Scan this QR code or visit sagaftra.org/background to get the latest background bulletins. SAG-AFTRA NED Duncan Crabtree-Ireland attends the High-Level Segment of the 350th session of the International Labour Organization's Governing Body in Geneva on March 11. Contract BULLETIN sagaftra.org (855) SAG-AFTRA • (855) 724-2387 MARCH 2024 A.I. Background Basics TV/THEATRICAL/STREAMING Who owns a background actor digital replica? The employer legally owns all materials created from your work on a motion picture. With the new terms in place, the employer cannot use or authorize use of those materials without your consent and, in most cases, further payments. I am a background actor and was scanned by a producer. The language in my voucher gives them permission to use my "simulated likeness and voice." How do the new digital replica provisions in the 2023 TV/Theatrical/Streaming contracts protect me? • A producer's use of your digital replica is a mandatory subject of bargaining, and language like that is void to the extent it conflicts with your rights under the applicable collective bargaining agreement. In other words, the language in the voucher is NOT applicable and the producer has not validly obtained your consent unless it did so in a manner that complies with the terms of our contract. • These new provisions related to use of a digital replica will apply to any use going forward. That means the consent must be clear and conspicuous, outlining how the digital replica will be utilized and the specific medium in which it will be used. The section on background actors appears to say I will only get paid for one day of work for scanning but not for the use in the project. Many complicated scenes can take several days of work. Producers cannot use your digital replica to avoid the background coverage numbers. Those numbers must be filled by humans, which disincentivizes employers from using expensive digital replicas to do work that can be done by the human background actors who will need to be engaged for the picture. QUESTIONS? If you have an further questions about Background Contracts and A.I., email us at BackgroundActorsInfo@sagaftra.org or please contact us at Los Angeles (323) 549-6811 or New York (212) 827-1553. Artificial Intelligence Background Basics Contract BULLETIN sagaftra.org (855) SAG-AFTRA • (855) 724-2387 APRIL 2024 A.I. Digital Replicas TV/THEATRICAL/STREAMING Artificial Intelligence (A.I.) Digital Replicas A "digital replica" is a replica of your voice and/or likeness that is created using digital technology, such as artificial intelligence, or A.I. There are two types of principal performer digital replicas and one type of background actor digital replica in the Codified Basic Agreement (CBA) and Television Agreement (TVA). 1. "Employment-based digital replica" is a replica created in connection with your employment on a motion picture (i.e. a movie or TV and/or streaming show, etc.) You might be asked to participate in the creation of the replica, such as being scanned. 2. "Independently created digital replica" is a replica that is not created for a specific motion picture on which you were employed and that is used in a motion picture on which you are not otherwise working as a performer. – A "Background actor digital replica," like the employment-based digital replica, is one created in connection with your employment on a motion picture. It is important to understand that if the digital replica was initially created in connection with a specific motion picture, it is and remains an employment- based digital replica. On the other hand, an independently created digital replica might be one that a performer owns and is licensing to the producer. Who owns an Employment-Based Digital Replica? The employer legally owns all materials created when you work on a motion picture, including any replica created in connection with that work. That said, with these new terms in place, they cannot use your employment-based digital replica on any other project without your consent and, in most cases, further payments. The consent requirement is attached to the employer's ability to exploit their rights. This concept is similar to the producer's obligation to get your consent and pay you to reuse clips in which you appear or to pay you residuals when the film or show is released in a new market — these are bargained conditions upon which the employer may exercise their legal rights. Do the provisions on digital replicas apply to voice actors? The definitions refer to both voice and likeness, so the same rules would apply to digital voice replicas. How does the 48-hour notice work? It means the producer has to give you at least a 48-hour notice before they scan you to create a digital replica. The production cannot simply instruct you to get scanned when you are already on set and the producer cannot rely on consent buried in the fine print of your contract. If the producer wants to scan you, they have to give you advance notice and get your consent at least 48 hours in advance (or, if less than 48 hours, when you are hired). It also has to be clear and conspicuous, such as in a rider or in contract language that is bold or in ALL CAPS. What if a producer wants to use my digital replica? If the producer wants to use your digital replica, they must get your consent before doing so. This must include a reasonably specific description and it must be clear and conspicuous. The producer will have to get your consent again each time they want to use your digital replica in a different project or in a different way from what you consented to initially. What happens if a company that has created my digital replica goes bankrupt/shuts down and their assets get sold to another company? The assets cannot be separated from the obligations that attach to them. Consent for digital replicas created under the Codified Basic Agreement or TV Agreement is granted on a per-project basis at the time of use. The new company would have to obtain your consent for any future use of your digital replica. SAG-AFTRA would pursue grievances against any party that attempted to use your replica without your consent. Additionally, right of publicity laws would help to protect against misuse of your digital replica by a third party. We are actively pursuing legislation that would provide further protections. What safeguards are in place to ensure the secure storage of replicas? While the agreement with the AMPTP does not include language relating to the storage of digital replicas (like that in the Replica Studios Agreement), there are a myriad of state laws that govern the safe storage and use of personally identifiable information. In many states, this would include your digital replica. This is an additional topic we will continue to discuss with the AMPTP, and we will take affirmative steps to encourage producers to put further protections in place. What will prevent a studio from using a digital replica during a future work stoppage/strike? During work stoppages/strikes, the services of members are being withheld (aka struck). The producer would need to obtain your consent to use your digital replica, and this would be one of the services being struck. This is the same as when we asked members to withhold consent for reuse during the most recent strike. If there is a future work stoppage/strike AND you gave consent BEFORE the work stoppage, the producer would be permitted to use the digital replica, but only to the specific extent consent was already granted. It would not impact our ability to effectuate a strong work stoppage. Is the union pursuing any technology to be able to track the use of our digital replicas? We have been having conversations with companies working in the A.I. space for many years, including ones offering tracking technologies or services. We continue to meet and talk with companies to ensure we remain at the forefront of this space. QUESTIONS? If you have any questions about A.I., email AIQuestions@sagaftra.org Contract BULLETIN BULLETIN sagaftra.org (855) SAG-AFTRA • (855) 724-2387 JANUARY 2024 BACKGROUND: Hair & Makeup TV/THEATRICAL/STREAMING EXTENSIVE HAIR AND MAKEUP STYLING PRE-EMPLOYMENT INQUIRIES: Today, during the availability check, a casting director asked me, "Production needs you to style your hair in a certain way the night before, okay?" YOUR REALITY: You will have to spend an hour or more the night before or get up early the morning of the shoot to style your hair or apply makeup per the detailed instructions provided by the Hair and Makeup Department. This may even require you to sleep in rollers, which can result in pain and discomfort throughout the night, making it diffi cult to rest and be at your professional best for work. YOU SHOULD KNOW: The SAG-AFTRA TV/Theatrical Codifi ed Basic Agreement provides that while producers can request background actors to report in ordinary hair and makeup, performers cannot be required to report in extensive or non- ordinary hair and makeup prior to reporting for their call. This means that background actors cannot be issued detailed instructions attached or contained within their booking communication or be required to watch online videos in order to style their hair or apply their own makeup. Background actors working under TV/Theatrical/Streaming contracts are under no obligation to provide this courtesy service to productions, as it is not an appropriate ask. Instead, the background actor should expect to be given an early call time to enable the production's Hair and Makeup Department to appropriately style their hair or apply makeup, or production can bargain with the background actor or union in advance for additional payment. If you are uncomfortable directly negotiating with production, you can try the gentler approach of directing the background casting director to the assigned SAG-AFTRA background business representative for further discussion. TOP THREE THINGS TO KEEP IN MIND 1. If you experience something that does not feel right during the availability check or booking, tell your union. Use discretion, and if you feel you can address it on the spot, do so, or report it ASAP to the union. You can always report things anonymously. 2. Background actors are employed for a variety of atmospheric purposes on set, but services typically performed by the Hair and Makeup Department are not the performer's responsibility. Background actors should not be told that it is a professional expectation for them to provide their own hair and makeup styling for the production's ease. 3. Always keep records. Names, dates — everything. KNOW YOUR CONTRACTS The best way for the union to protect you is for you to know the provisions and protections that are negotiated on your behalf in all the contracts. Knowing the provisions and protections guaranteed by your contract is the best way to ensure you are always protected. All contracts are accessible online at sagaftra.org/productioncenter. QUESTIONS? If members believe they have not been compensated in accordance with the contract or experience any problems on set, email us at backgroundactorsinfo@sagaftra.org or call (323) 549-6811 or (212) 827-1553. Do I Need to Report Hair and Makeup-Ready?