Justine Bateman, Duncan Crabtree-Ireland on AI contract language; Hollywood’s lean holiday box office
Nov 24, 2023
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Filmmaker Justine Bateman and Chief Negotiator Duncan Crabtree-Ireland discuss Hollywood's lean holiday box office, AI contract language concerns raised by Bateman, challenges in the negotiations, revenue sharing and subscription-based models, and protections in AI contract language within the entertainment industry.
Justine Bateman highlights the need to define performers as humans to protect them from being replaced by AI-generated actors in the SAG-AFTRA deal.
Duncan Crabtree-Ireland explains that while a complete ban on AI is not possible, the deal includes significant limitations and protections to address concerns about AI usage in the entertainment industry.
Deep dives
Concerns over AI provisions in SAG-AFTRA deal
Justine Bateman, a former actor and union advisor, expresses concerns about the use of AI in the SAG-AFTRA deal. She highlights the need for a performer to be defined as a human being, aiming to protect actors from being replaced by AI-generated performers. While SAG-AFTRA chief negotiator Duncan Crabtree Ireland acknowledges AI concerns, he states that a complete ban on AI is not feasible. The deal includes limitations on the use of AI and provides protections for background actors. Members are encouraged to understand the provisions and to mobilize agents and lawyers for their protection.
Contentious negotiations over revenue share and AI in deal
Negotiations between SAG-AFTRA and the studios were complicated, with discussions around revenue share and the use of AI technology. The studios rejected proposals for revenue share based on subscribers, leading to a pivot to a subscriber-based formula. Concerns were raised by Justine Bateman and others about the use of AI and the potential for performers to be replaced with digital replicas. Duncan Crabtree Ireland explains that while a complete ban on AI was not possible, significant protections and limitations were established within the deal to address these concerns.
Discussion about the importance of informed consent
A key aspect of the deal is the importance of informed consent for performers regarding the use of AI and digital replicas. The deal ensures that performers have advanced notice and reasonably specific details about the potential use of their image or replica. While some performers are willing to engage in performance capture work using AI technology, others may choose not to participate. The goal is to balance the need for informed consent with the industry's technological advancements, ultimately allowing performers to make decisions that align with their comfort levels.
The potential impact of the deal on AI regulations in the future
While some members may have concerns about the use of AI and wish for a complete ban, the deal represents significant progress in establishing guardrails and limitations on AI usage. Duncan Crabtree Ireland highlights the value of the deal, given that prior to this, no protections for AI were in place. He emphasizes that as technology continues to evolve, future bargaining cycles can strengthen and improve these protections. The deal also positions SAG-AFTRA to respond to developments in AI regulations and negotiate further in the future.
Kim Masters and Matt Belloni discuss what’s shaping up to be a lean holiday box office and what success for movies looks like — and how it’s perceived — when it comes to theatrical versus streaming releases.
Then, filmmaker and SAG-AFTRA generative AI advisor Justine Bateman joins to share her concerns over the union's new contract, while Chief Negotiator Duncan Crabtree-Ireland explains why it’s the best deal possible.
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