There’s a lot of talk around AI and how it’s going to impact the industry. With a lot of noise out there, I did a deep dive so you don’t have to.
The potential of AI replacing actors, such as background roles and extras, was a major part of the last round of SAG-AFTRA contract negotiations with the Alliance of Motion Pictures and Television Producers (AMPTP).
This raises another important question: How will Hollywood protect the people lower down the ladder, whose jobs could be more vulnerable to artificial intelligence? Actors need to be proactive and raise their awareness of how to protect themselves.
Key Insights
- Many fake casting calls and talent agency scams now hide risky AI clauses that can give away your digital likeness without proper consent or pay.
- SAG-AFTRA protections center on Consent, Compensation, and Control, making union guidance critical when reviewing contracts.
- Sticking to legitimate casting websites such as Casting Networks is one of the strongest defenses actors have against casting scams.
Know Your Rights
Legally, no one is allowed to use your image unless you have given them consent to do so. Thus, every contract you sign must be examined closely to ensure there is no AI language in it, and that you are not signing away license to use your image.
Acquire Legal Representation When Needed
Whenever possible, have a lawyer look over your contract. There are plenty of attorneys who are willing to work with actors for discounted rates. Simple internet searches can help you connect with someone who will help. However, if for some reason you are unable to work with an attorney, the following suggestions can help you stay protected:
Be On The Lookout For
Language might include phrases and clauses like, “technology now known or hereafter devised,” “digital simulation,” or something similar, including requests to allow your page to be scanned. Any reference to technology at all should be red-flagged and checked to make sure there is nothing hidden that might lead a performer to unknowingly sign their rights away.
Check in with SAG-AFTRA
The union can be a valuable resource for actors, advising members on how to protect themselves from the encroachment of artificial intelligence. They also sure that producers and production companies do not cross a line into phasing out human performers.
SAG-AFTRA said in a statement, “Our commitment is simple and our position is unwavering: performance must remain human-centered. AI can enhance creativity, but it must never replace it. AI use must be transparent, consensual and compensated.”
The Three Cs
Written into the new agreement between SAG-AFTRA and the AMPTP are certain protections and guardrails, known as Consent, Compensation, Control. Clear consent to use a member’s name, voice and likeness. Fair compensation for the use and using economic equivalency as a deterrent to synthetic performers. Control over performances and replicating, to the best extent possible, the in-person work experience.
Be Specific
If you do enter into a job that involves a digital likeness, make sure contracts have clear limitations. This means the scope of use, with a defined project, on defined platforms and campaigns. It also means time limits, approval rights before any likeness is repurposed, and separate compensation for AI training, reproduction or derivative works.
Protect Yourself
When it comes to protecting yourself, SAG-AFTRA advises you never to allow a digital replica of your likeness to be used for any performance or union-covered purpose unless a SAG-AFTRA agreement is in place. If you’re uncertain about whether something is covered, contact SAG-AFTRA for guidance.
That includes making sure a standard contract does not include any clauses about digital replication and perpetuity, and never lose control over the use of your likeness. In other words, if someone offers you the chance to sell your digital likeness for any purpose, the answer should be “no.”
