SAG-AFTRA Requires Consent and Compensation for AI Use of Actor Voices in Advertisements

SAG-AFTRA, the actors' union, has launched a new waiver designed to protect its members from unauthorized use of their voices in commercials that utilize artificial intelligence. The Dynamic A.I. Audio Commercials Waiver outlines specific terms that safeguard the voices of performers when companies create digital replicas for audio commercials.

A key feature of this waiver is that performers must provide informed consent before their digital voice replicas are produced, as well as additional consent for their use in advertisements. Voice actors will receive $550 for each AI-generated commercial, which includes payments for any multiple versions and revisions. Furthermore, actors are entitled to an additional 50% of a one-session fee ($275) for any customization elements applied to their digital voice replicas.

Companies can purchase the right to use these digital replicas an unlimited number of times within a designated timeframe, with fees ranging from $385 for four weeks to $1,210 for one year. Importantly, this waiver is limited to digital audio commercials, covering applications such as voice-overs for streaming platforms and podcast ads, but excluding standard radio commercials. To ensure the integrity of the voice actors’ creations, the waiver obligates companies to implement robust security measures to prevent unauthorized access by third parties.

Performers also retain the right to withdraw their consent at any time regarding the use of their voices. Furthermore, any recordings or copies of an actor’s voice must be permanently deleted after the agreed maximum period of use, unless alternative arrangements are made.

The introduction of this waiver is timely, given the rising instances of AI exploitation within the industry. Earlier this year, the union successfully negotiated safeguards to ensure that actors are compensated fairly when their voices are used to create AI-generated clones or deepfakes. High-profile cases highlighting the unauthorized use of voices by AI entities underscore the need for such protective measures. For example, OpenAI recently removed one of ChatGPT’s new voice options after actress Scarlett Johansson claimed her voice was used without her consent. Additionally, a group of actors has initiated legal action against Lovo, an AI voice generation company, alleging unauthorized use of their voices.

Duncan Crabtree-Ireland, SAG-AFTRA’s national executive director and chief negotiator, emphasized the importance of this agreement, stating, “This agreement furthers the union’s goal of ensuring that whenever AI is used in ways that impact our members, appropriate protections, informed consent, and proper compensation are always required.”

Earlier, the union also partnered with AI startup Replica, allowing its members to develop and license digital versions of their voices. This collaborative effort highlights the union's commitment to adapting to technological advancements while safeguarding the rights and livelihoods of its members.

The establishment of this waiver marks a significant step in balancing innovation in the entertainment industry with the rights and sources of income for voice actors. As technology evolves, such protective measures are essential in preserving the integrity and value of creative talent in the face of an ever-changing landscape.