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SAG-AFTRA’s New Video Game Agreement

The Bottom Line

  • The latest iteration of the SAG-AFTRA Interactive Media (Video Game) Agreement is now in effect and addresses the rise of AI by providing a comprehensive framework for the permissible creation and use of a performer’s digital replica.
  • Notably, under the 2025 IMA, video game producers are permitted to develop “Independently Created Digital Replicas” leveraging pre-existing non-IMA produced materials and/or generative AI tools (prompted with the name of the performer) – with compensation due to the performer at a rate that is freely bargained for.
  • With limited exceptions, separate, written, clear and conspicuous, reasonably specific consent from the performer is required prior to the creation and use of the digital replica of a performer.
  • A key trigger for AI-related consent and compensation requirements under the 2025 IMA is recognizability, where the end result (or the ‘output’) is “objectively identifiable” as a specific Principal Performer.

The fall season is often marked by new video game releases – perfectly timed to garner some buzz in advance of the holiday gift-buying season. As such, this is an opportune time to explore the new SAG-AFTRA Interactive Media (Video Game) Agreement (the “2025 IMA”), which has notable implications for union video game productions regarding AI and the use of digital replicas.

The video game industry is uniquely positioned at the crossroads of entertainment and technology. Since their inception, video games have regularly recreated human performers through avatars, made possible with tools like motion capture and facial scanning. This longstanding practice of leveraging advanced technologies to re-create human performance has made performers within the video game industry especially susceptible to the impacts of AI, particularly when it comes to issues related to fair compensation and diminished employment opportunities.

SAG-AFTRA has taken steps to protect its union member performers from potential risks associated with AI. The 2025 IMA, ratified this past summer, incorporates significant AI protections that specifically take into consideration the realities of AI and the way in which video games are typically produced. The following Q&A outlines the main highlights.

What AI-specific assets are addressed in the 2025 IMA?

  • Digital Replica: A vocal or visual digitally developed replica of a specific Principal Performer that is created primarily from IMA-covered performances, and used to generate new performances, independent from and in lieu of that performer.
  • Independently Created Digital Replica (ICDR): A vocal or visual digitally developed replica of a specific Principal Performer, who is not currently employed under IMA, but was previously employed under a SAG agreement within the last 3 years, made either from (i) prompting a generative AI tool with the performer’s name, or (ii) their past performances connected to a non-IMA-covered production (e.g., a podcast interview). This digital replica is used to generate new performances, independent from and in lieu of that performer, that would have been covered by the IMA if the performer had done the work themselves. Note that the 2025 IMA outlines that any “de minimis” use of IMA-covered materials will place the digital replica outside the ICDR bucket and into the Digital Replica bucket. Without clear guidance from the union as to what constitutes “de minimis,” producers may struggle to categorize their replicas correctly.
  • Real-Time Generation: The dynamic generation of voiced dialogue in real time by either a Digital Replica or an Independently Created Digital Replica in any publicly released version of a game where the voiced dialogue was not pre-generated.

Notably, under the 2025 IMA, a key element qualifying the re-creation of a performer’s likeness as either a Digital Replica or an Independently Created Digital Replica is recognizability, meaning the output must be “objectively identifiable” as that performer. Therefore, the use of AI tools and a performer’s likeness to create a new performance that, once used in the game, is not objectively identifiable as that performer appears to be exempt. However, without a clear definition of “objectively identifiable,” whether a recreated performance meets this standard and triggers digital replica requirements may be up for debate with the union.

Is consent required to create and/or use Digital Replicas, ICDRs or Real-Time Generation?  

Yes, in all cases. Consent must be in writing, separately signed or initiated, and must be reasonably specific. Further, certain details about the game and the performer’s role, including the following, must be specified in the consent:

  • Whether the game is based upon prior intellectual property;
  • Whether the performer is reprising a prior role; and
  • Whether the performer’s Digital Replica or ICDR will be used for Real-Time Generation.

Are there any exceptions to the consent requirement?

Yes. Producers do not need to obtain a performer’s prior written consent under the following circumstances:

  • Pre-Production Materials: If a Digital Replica will be used in connection with the creation of pre-production materials for programs that are part of a franchise that the performer has been engaged to perform in. Note that this exception is limited and does not apply to the use of digital replicas for production assets that will be released to the public or as temporary stand-ins for unrelated productions without consent.
  • First Amendment Uses: With respect to ICDRs, if the use would be protected by the First Amendment (e.g., use for comment, criticism, scholarship, satire or parody; use in a docudrama or historical or biographical work).
  • Third-Party Authorized ICDR: With respect to ICDRs, if the ICDR is provided by a third party (e.g., an AI licensing platform) authorized by the performer.
  • Traditional Processing: Similar to the SAG-AFTRA Commercials Contract, traditional processing practices to execute edits for clarity, noise reduction, timing and speed, and pitch and tone remain permissible. These practices do not trigger the need for performer consent.

Does the creation and/or use of Digital Replicas, ICDRs or Real-Time Generation trigger additional compensation requirements?  

Yes, as follows:

  • Digital Replicas: At the specific minimum rates set forth in the 2025 IMA.
  • ICDRs: With the exception of Real-Time Generation use, as agreed to by producer and performer (or an authorized third-party licensor), at a rate that is freely bargained for.
  • Real-Time Generation: At the specific minimum rates outlined in the 2025 IMA (whether created from a Digital Replica or ICDR).

In summary, the 2025 IMA carefully balances the realities of today’s AI-centric environment, with SAG’s desire to ensure that extensive safeguards are in place to protect and preserve the livelihood of its members. In particular, with the introduction of Independently Created Digital Replicas, allowing for the use of both the performer’s name to prompt generative AI tools and a performer’s pre-existing performance, at negotiable rates in lieu of live action participation, we anticipate more producers will look to AI tools as a viable option with potential cost savings when developing new games.