Dead Actors' AI Likenesses: Hollywood Studios' Controversial Bid Faces Union Opposition

Hollywood studios have expressed an interest in reusing AI-generated likenesses of deceased actors without seeking permission from their families.

Hollywood studios have expressed an interest in reusing AI-generated likenesses of deceased actors without seeking permission from their families. This proposal raised significant concerns and objections from various parties, including actors' unions.

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Actor, director and cinematographer Mark Gray holds a sign reading "No A.I." as writers and actors staged a solidarity march through Hollywood to Paramount Studios on September 13, 2023 amid a halt in movie and TV production as the dual labor shortages continue. The Writers Guild of America has been on strike since early May and the SAG-AFTRA actors' union joined the writers on the picket lines in July. FREDERIC J. BROWN/AFP via Getty Images

Recycling Dead Actors' AI Likenesses

Major Hollywood studios are seeking to repurpose AI-created likenesses of deceased actors without requiring family consent. In response, SAG-AFTRA, the prominent labor union representing Hollywood performers, has reacted to the studios' "last, best and final" offer aimed at concluding the ongoing strike.

Engadget reported that they have unequivocally turned down the proposed clauses that would grant studios the right to utilize AI-generated likenesses of highly sought-after and deceased actors without obtaining their consent.

Sources close to the union have disclosed that SAG-AFTRA intends to counter this proposition by eliminating the existing AI-related language, underscoring the urgent necessity of closing this potential loophole which studios might exploit. The source emphasized they could not permit such language to remain unchallenged.

The Alliance of Motion Picture and Television Producers (AMPTP) put forth a proposal to obtain "AI scans" for Schedule F performers, which includes union members earning more than $32,000 per TV episode or $60,000 per film.

The studios' offer suggests a one-time payment to scan the likenesses of Schedule F performers, without any additional compensation required for their usage or re-use, essentially granting perpetual rights to their likenesses following the initial payment.

Using Without Consent

What's particularly noteworthy is that the proposal's wording seems to endorse the unrestricted use of AI-generated likenesses of deceased performers without obtaining proper consent. The current language within the AMPTP's offer would grant studios and streaming platforms the authority to utilize scans of deceased performers without the need for consent from their estates or SAG-AFTRA.

SAG-AFTRA aims to include requirements for consent and compensation each time a studio or streamer decides to reuse performers' AI scans. Nevertheless, in light of this publicized dispute, Variety has indicated that the union and AMPTP have come to a mutual understanding on the contentious topics, including the issue of AI consent after an actor's passing.

Before news of the revised offer emerged, the source emphasized the importance of gaining consent, especially when performers are deceased. The Schedule F AI language in the AMPTP's proposal was a point of contention, suggesting that consent was necessary while performers were alive but not after their passing.

SAG-AFTRA provided updates to its union members regarding the ongoing negotiations, assuring them that they would not accept an unfavorable contract. They emphasized their commitment to securing the right agreement and responsibly ending the strike. Several critical issues remained unresolved, including AI, but the union promised to keep its members informed as events continued to unfold.

The group emphasized their commitment to reaching a favorable agreement and ending the strike responsibly. The Hollywood Reporter pointed out that the group was still seeing critical issues without an agreement, notably the matter of AI. The union assured its members that they would provide ongoing updates as developments continued to transpire.

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