The AMPTP Is Awful: Hollywood Producers Allegedly Offered To Make AI Clones of Some Actors to Use in Perpetuity
This story sounds, as so many things do these days, like the plot of a Black Mirror episode.
According to Duncan Crabtree-Ireland, chief negotiator for the now striking actors’ guild, SAG-AFTRA, the Association of Motion Picture/Television Producers dropped “a groundbreaking AI proposal that protects actors’ digital likenesses for SAG-AFTRA members” during negotiations.
The groundbreaking part? Crabtree-Ireland said in a press conference confirming the strike said that the AMPTP “proposed that our background performers should be able to be scanned, get one day’s pay, and their companies should own that scan, their image, their likeness and should be able to use it for the rest of eternity on any project they want, with no consent and no compensation.”
This, as evidenced by the fact that the strike was called, did not go over well during talks. Said Crabtree-Ireland, “…if you think that’s a groundbreaking proposal, I suggest you think again.”
A representative for the AMPTP was quick to deny the allegation. AMPTP spokesperson Scott Rowe sent out a statement that read, “The claim made today by SAG-AFTRA leadership that the digital replicas of background actors may be used in perpetuity with no consent or compensation is false. In fact, the current AMPTP proposal only permits a company to use the digital replica of a background actor in the motion picture for which the background actor is employed. Any other use requires the background actor’s consent and bargaining for the use, subject to a minimum payment.”
Still, the state of AI technology, which gives anyone, not just studio honchos, the ability to create realistic copies of actors, celebrities, politicians, or indeed anyone, has everyone a bit nervous these days. Black Mirror‘s recent series six episode “Joan Is Awful” features actor Salma Hayek, playing herself, learning that her AI likeness can by used by a production company without her knowledge. Annie Murphy’s character Joan, also finds that Streamberry (the show’s version of Netflix) buried a clause in the terms and conditions info dump that most of us agree to without reading, that allows them to do the same to any of their subscribers.
It’s not just science fiction though – it’s happening now. Liam Budd, of UK acting union Equity, told the BBC that “We’re seeing this technology used in a range of things like automated audiobooks, synthesised voiceover work, digital avatars for corporate videos, or also the role of deepfakes that are being used in films.”
AI is one of the reasons the Writer’s Guild of America went on strike back in May. The WGA posted a list of what they were asking for in their negotiations, and the response of the AMPTP. The WGA asked that the AMPTP “Regulate use of artificial intelligence on MBAcovered projects: AI can’t write or rewrite literary
material; can’t be used as source material; and MBA-covered material can’t be used to train AI.” The WGA said the response from the AMPTP was as follows: “Rejected our proposal. Countered by offering annual
meetings to discuss advancements in technology.”
Multi-hyphenate Justine Bateman, WGA writer, a Directors Guild of America (DGA) director, a former Screen Actors’ Guild (SAG) board member, former SAG negotiating committee member, and coder who holds a UCLA degree in computer science and digital media management, told BBC’s Tech Life earlier this year that she did not think the entertainment industry needed AI at all.
“Tech should solve a problem and there’s no problem that those using AI solves. We don’t have a lack of writers, we don’t have a lack of actors, we don’t have a lack of film-makers – so we don’t need AI,” she said.
“The problem it solves is for the corporations that feel they don’t have wide enough profit margins – because if you can eliminate the overhead of having to pay everyone you can appease Wall Street and have greater earnings reports,” she said.
SAG-AFTRA union performers are expected to completely stop work and to picket outside of studios such as Netflix, Amazon, Universal, Sony and Disney, in Los Angeles and New York, halting production on the few projects not already paused due to the writers strike.
The actors strike is now causing studios to delay or cancel upcoming movies and shows, already shutting down work on the much-anticipated Deadpool 3, and may affect marketing for already-produced films. According to union strike rules, actors are not to promote shows or movies they’re in. They’re not to do interviews or be photographed on the red carpet or to participate in Emmy Award campaigns. Thursday night, the entire cast of the much-awaited film “Oppenheimer” by filmmaker Christopher Nolan left the film’s London screening midway through it in solidarity with their fellow union members.
This will now be the first dual strike by Hollywood actors and writers since 1960, when former US President Ronald Reagan, then a studio contract player, headed the Screen Actors Guild (it hadn’t yet merged with AFTRA). SAG joined the writers, who had been on the picket lines for five months at that point, in striking. After just one more month, both unions won healthcare benefits, pensions and movie residuals.