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SAG-AFTRA General Counsel on AI Issues; Voting Ends December 5th

With voting set to end on December 5th, SAG-AFTRA General Counsel Jeffrey Bennett defended the new deal's AI and consent protections.

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Article Summary

  • The deadline for SAG-AFTRA vote on a new deal is December 5th, 5 pm PT.
  • General Counsel Jeffrey Bennett addresses consent in AI use for members.
  • New agreement asserts members retain ownership of their 'AI Body'.
  • 'No' vote risks nonconsensual AI use, writes Bennett - advocating 'Yes' vote.

As November gives way to December this week, we have two updates to pass along regarding the ongoing SAG-AFTRA vote to ratify the tentative agreement with the studios & streamers that would lead to a new three-year deal. First up, it looks like Tuesday, December 5th, 5 pm PT (8 pm ET) is the deadline for union members to vote. That news came our way courtesy of SAG-AFTRA General Counsel Jeffrey Bennett, who also took to social media over the weekend to push back on points regarding AI & consent that were raised by Matthew Modine, Justine Bateman, and others as reasons for them not voting in favor of the agreement. "Consent may never be demanded; it can only be granted by an informed choice of the performer," Bennett wrote in their post. "Your digital data, your voice and/or likeness replica, is never owned by a production entity under these new terms. Those digital replica rights are licensed by you, if you choose, for specific consented-to uses. By law, and per these new terms, the ownership in your 'AI Body' remains yours." Here's a look at what went out from the union regarding the matter – followed by the full text of Bennett's comments:

SAG-AFTRA
Image: SAG-AFTRA
SAG-AFTRA
Image: SAG-AFTRA

Consent may never be demanded, it can only be granted by an informed choice of the performer.

Your digital data, your voice and/or likeness replica, is never owned by a production entity under these new terms. Those digital replica rights are licensed by you, if you choose, for specific consented-to uses.

By law, and per these new terms, the ownership in your 'AI Body' remains yours.

Prior to these new terms, productions took the position that they could create and use your likeness without your consent. That ended with this agreement.

We now control the use of AI technology in the context of our collective bargaining relationship with the studios. Voting 'No' takes away our control. Without our newly bargained terms, the deceptive and nonconsensual use of AI is fair game.

We need our terms and we need to work together with the entire artistic and creative community to insist upon similar terms in the law. That starts with the NO FAKES Act, SAG-AFTRA's draft bill in the Senate.

We can protect our members, and all individuals, with our new Collective Bargaining Agreement terms, and with new federal law. A 'No' vote takes all that momentum away. A 'No' vote opens the door to nonconsensual fakes, ruins lives, ruins careers."

Details and FAQs at sagaftra.org/contracts2023 and be sure to vote by 5 pm PT, Dec. 5.

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Ray FlookAbout Ray Flook

Serving as Television Editor since 2018, Ray began five years earlier as a contributing writer/photographer before being brought onto the core BC team in 2017.
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