The Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA) has been lobbying for better labor conditions, including protections against haphazard generative artificial intelligence, since July 2024. The stakes are high: modern technology makes it possible to faithfully reproduce the likeness, image and auditory characteristics of any actor without input, compensation, or transparency. And so, when one of the biggest games in the world launches an experimental character voiced by an AI recreation of one of the most recognizable talents in pop culture, the group was bound to take notice.
“We celebrate the right of our members and their estates to control the use of their digital replicas and welcome the use of new technologies to allow new generations to share in the enjoyment of those legacies and renowned roles,” SAG-AFTRA says in a press release, in reference to Fortnite’s collaboration with the family of the late James Earl Jones. Though Fortnite players can currently recruit and speak to Darth Vader however they’d like via voice chat, the villain’s responses were intended to match the character’s existing legacy.
It didn’t take long before people broke the bot and tricked it into saying outrageous and unfortunate things, but ultimately, the fiasco unfolded with full confidence from those charge of the brand. The ostensible issue being flagged by SAG-AFTRA isn’t what Darth Vader said or how he said it, it’s that AI Darth Vader was released amid broader negotiations concerning said technology.
“However, we must protect our right to bargain terms and conditions around uses of voice that replace the work of our members, including those who previously did the work of matching Darth Vader’s iconic rhythm and tone in video games,” the release continues. “Fortnite’s signatory company, Llama Productions, chose to replace the work of human performers with A.I. technology. Unfortunately, they did so without providing any notice of their intent to do this and without bargaining with us over appropriate terms. As such, we have filed an unfair labor practice charge with the NLRB against Llama Productions.”
The filing can be viewed in full here, where the group claims that Llama Productions has refused to engage with SAG-AFTRA in good faith while negotiating terms that might have impacted the release of AI Darth Vader. Epic Games, the parent company behind Fortnite, is one of dozens of companies currently disputing terms with SAG-AFTRA. The quarrel has proven difficult as the two entities have struggled to even agree on how to define a performer — much less minutia about the parameters surrounding AI usage. To wit, last month, esteemed performer Jennifer Hale, known as the voice behind Mass Effect’s Commander Shepard, issued an apology for losing her temper during negotiations.
”The truth is, I’m heartbroken, for our industry, for our colleagues, and for the countless people affected by this strike,” Hale said. “This isn’t just about actors. Recording studios, developers, casting directors, agents, production teams, our entire ecosystem is hurting. Some are already losing their homes.”
Now that SAG-AFTRA has filed a grievance, the NLRB may launch an investigation to determine if any labor rights were violated during the course of Darth Vader AI’s creation. However, under the Trump administration, changes in NLRB leadership appear to signal shifts toward more employer-friendly policies.