SAG-AFTRA filed an unfair labor charge with the National Labor Relations Board, accusing Llama Productions, a subsidiary of Epic Games who created Fortnite on May 19. SAG-AFTRA argues Fortnite had violated the union’s right to negotiate changes to its bargaining agreement when using the A.I. to generate the voice of James Earl Jones for the iconic Darth Vader character in the game.
The charge accuses Llama “failed and refused to bargain in good faith with the union by making unilateral changes to terms and conditions of employment, without providing notice to the union or the opportunity to bargain, by utilizing AI-generated voices to replace bargaining unit work on the Interactive Program Fortnite.”
This is the latest friction in a story that saw SAG-AFTRA members go on strike last year over fears that video game companies would use generative AI to perform tasks that would ordinarily be performed by paid writers and actors of the union and the San Diego Comic Con ghost town two years before.
Read a copy of the filing here.
From statement on the matter
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. 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.
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.
Fornite team and the family of Jones put out a statement in a blog post last week:
James Earl felt that the voice of Darth Vader was inseparable from the story of Star Wars, and he always wanted fans of all ages to continue to experience it. We hope that this collaboration with Fortnite will allow both longtime fans of Darth Vader and newer generations to share in the enjoyment of this iconic character. – The family of James Earl Jones
S-A needs to realize this is not the specific fight they want to pick, and will cause more ire at them than they likely want to attract. This is a specific character we’ll known to be voiced by a specific actor who had given his blessing for his voice to be used in this exact way via AI previous to his passing.
The issue they need to be fighting is for new characters being voiced by AI that take away their work. This job was never on the table. It was always going to be Jones since they decided to add DV to the roster. Jones’ voice is also going to be used by Disney.