SAG-AFTRA says that Fortnite’s use of AI instead of actors is unfair
“Llama Productions has chosen to replace the human performers’ work with A.I. technology. The SAG-AFTRA filed the complaint against Llama Productions, wholly owned by Epic Games, Inc., alleging that the game’s artificial intelligence (AI), which recreates the voice of deceased James Earl Jones as Darth Vader, violates Section 8(a), subparagraphs (1) and (5) of National Labor Relations Act.
These sections read:
Sec. 8. It is unfair labor practice for a employer-
(1), to interfere, restrain or coerce employees to exercise the rights guaranteed by section 7
;…[§ 158.](5), to refuse to negotiate collectively with his employees’ representatives, subject to the provisions in section 9(a). SAG-AFTRA released a statement explaining that, while the union “celebrates[Unfair labor practices by employer] the right of our members and their estates to control the use of their digital replicas and welcomes
new technologies to allow new generations to share in those legacies and renowned roles,” it views Llama’s decision to “replace human performers with A.I.” as infringement on its right for its members. Llama, according to the statement, did this without notifying SAG-AFTRA. “Llama Productions has chosen to replace the work performed by human performers with A.I. “Unfortunately, they did so without providing any notice of their intent to do this and without bargaining with us over appropriate terms.” “Unfortunately, they did so without providing any notice of their intent to do this and without bargaining with us over appropriate terms.”[section 157 of this title]SAG-AFTRA has been waging very public battles against the use of AI for some time. In 2023, the union staged a months-long strike of actors and artists that in part was driven by the Hollywood studios’ use of AI to generate digital performances and replicate actors’ likenesses.
Duncan Crabtree-Ireland, SAG-AFTRA’s National Executive Director and Chief Negotiator, testified at a 2024 Senate IP Subcommittee hearing on the “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2023” (NO FAKES Act), which would create a federal IP right to an individual’s voice and likeness and which was recently reintroduced in the 119th Congress.[section 159(a) of this title]Crabtree-Ireland said he liked that the bill but recommended adopting a durational limitation on transfers and licenses during an individual’s lifetime. “It is important to ensure that someone does not unnecessarily grant a right transfer early in life which turns out to be unfair for them,” Crabtree-Ireland said. The present version of the bill includes such limitations.
According to a Fortnite blog post, however, Jones’ estate worked closely with the company on the plan to use AI. We’re honored to feature the voice of the late Mr. Jones and we thank his estate for the opportunity to make this happen for players. We’re honored to feature the voice of the late Mr. Jones and we thank his estate for the opportunity to make this happen for players.”[s]The post also included a statement from the family saying that Jones “felt that the voice of Darth Vader was inseparable from the story of Star Wars, and he always wanted fans of all ages to continue to experience it.”[s]This article was updated after publication to include omitted information.
Eileen McDermott
Eileen McDermott, Editor-in Chief of IPWatchdog.com is a veteran IP and legal journalist. Eileen McDermott is a veteran IP journalist and has held editorial and management positions at
