Issue link: https://digital.copcomm.com/i/1530033
For SAG-AFTRA members as a group, one of the top concerns is the use of their voice, likeness or performances — the tools of their trade — without their knowledge or consent. Since that could damage members' livelihoods, SAG-AFTRA is using all its resources to put up guardrails against worst-case scenarios. THE LEGAL APPROACH While the victories in California and at the bargaining table represent significant progress, the union is also finding success in working with legislators at a national level and directly with A.I. companies. SAG-AFTRA remains committed to the passage of the NO FAKES — Nurture Originals, Foster Art and Keep Entertainment Safe — Act, which was officially introduced Sept. 12 in the U.S. House of Representatives, following its introduction in the Senate on July 31. The bipartisan bill establishes a federal right in voice and likeness to protect against unauthorized use of digital replicas in audiovisual works and sound recordings. In October, SAG-AFTRA General Counsel Jeffrey Bennett spoke at TheGrill conference organized by TheWrap about the importance of being able to remove offending content. "The NO FAKES Act would allow you to take stuff off of platforms, which is what most people want. If you are being sexually harassed via deepfakes, if your performance is being replaced, if you're being involved in commercial misappropriation, that bill allows you to provide notice and takedown," he said. "It's urgent that we get this done." In a rare display of unity among industry entities with competing interests, the NO FAKES Act is supported by studios, record labels, broadcasting companies, technology companies, unions, workers and artist advocacy groups. The union and its allies will be working hard to get this bill signed into law. ETHICAL A.I. SAG-AFTRA's ongoing efforts to protect performers' livelihoods include recognizing A.I. companies that agree to the union's A.I. guardrails. Ethovox — a company owned and managed by voice actors that is building a fully authenticated foundational A.I model for voice — has agreed to SAG-AFTRA's A.I. safety measures. For those interested in receiving compensation for participating in a foundational A.I. model, this agreement ensures performers can participate knowing they will be protected and compensated fairly. In August, SAG-AFTRA reached an agreement with Narrativ, an online platform that connects advertisers and ad agencies with talent to create digital audio commercials via A.I. technology. A performer sets their own price for the use of their digital voice replica, provided it meets or exceeds the minimums in the SAG-AFTRA Audio Commercials Contract. Brands must secure consent from performers for every use of their digital voice replica in an ad. In addition, contributions are made to the union's health and retirement plans for every ad generated. These agreements help set a framework for the ethical use of A.I. that ensures fair compensation and transparency, and that guarantees the rights and interests of talent are prioritized and protected. LOOKING FORWARD There have been some challenges as well. In late September, Newsom vetoed California bill AB 1047, which would have created safety protocols for the largest A.I. models. The action came as a disappointment to SAG-AFTRA which, along with the California Federation of Labor Unions, had strongly backed the legislation. In his veto message, Newsom said he agreed with the spirit of the bill, but not its implementation. However, he did sign AB 2013, which requires A.I. companies to disclose by January 2026 the data they have used to train their model. SAG-AFTRA looks forward to continuing to work with Newsom and the Legislature to enact safe and ethical guardrails around A.I. development and use. SAG-AFTRA is finding success in its three-pronged approach: working directly with A.I. companies, putting protections in place in our contracts, and defending members' rights through legislation to ensure they have access to the new opportunities that evolving technologies can bring. But there's a lot more to be done, and members will be part of the solution every step of the way. As ever, unionism is a team sport, so please keep an eye on your emails to see how you can help. ● Read about SAG-AFTRA's legislative efforts at sagaftra.org/gapp. 60 SAG-AFTRA | Fall/Winter 2024 | sagaftra.org SAG-AFTRA General Counsel Jeffrey Bennett speaks about the impacts of artificial intelligence at TheGrill 2024 conference on Oct. 8 in Los Angeles. R ANDY SHROPSHIRE