SAG-AFTRA Files Unfair Labor Suit Over Fortnite’s AI Darth Vader
When SAG-AFTRA went on strike in 2023, halting Hollywood production, there were two main sticking points between actors and studios.
The first was streaming royalties. The second was artificial intelligence.
As AI continues to improve, the technology is radically changing the media landscape and creating debates that were unthinkable just a few years ago.
Photo: Variety
In Hollywood, using AI to replicate an actor’s likeness or voice is perhaps the biggest existential threat to the status quo in film history. Already, studios are using AI to recreate iconic characters, de-age actors, or recreate voices. As technology continues to improve, these capabilities will also increase.
Enter Fortnite’s Darth Vader
The most recent example of a company using AI to recreate an actor’s performance was unveiled last week when Darth Vader was added to Fortnite.
As Disney explained, the new AI experience was developed in conjunction with the estate of James Earl Jones.
Photo: Fortnite
“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,” Jones’ family said.
SAG-AFTRA Files Suit
In what may end up being a seminal case for Hollywood’s future, SAG-AFTRA has filed an unfair labor practice charge against Lama Productions, Fortnite’s producer.
Photo: Disney
According to the union, recreating Jones’ voice through AI infringes on the union’s ability to negotiate major changes through collective bargaining.
In their suit, SAG-AFTRA argues that Lama changed the conditions of employment when they “unilaterally” introduced the AI Vader without giving the union notice.
The union continued that the precedent will essentially allow AI to replace actors who would otherwise be suited for a role.
Photo: Comicbook.com
“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 union said.
An Interesting Wrinkle
The debate over Fortnite’s use of Jones’ voice is particularly interesting, as the actor sold Lucasfilm the rights to his voice before he passed. The deal was made with the understanding that the studio would use AI to recreate Jones’ iconic performance as Vader in future projects.
Photo: Star Wars Holocron
In their suit, SAG-AFTRA recognized “the right of our members and their estates to control the use of their digital replicas.” Still, the union argued, Fortnite’s unilateral recreation of Jones’ voice violated labor practices.
Photo: People
At this point, neither Disney nor Fortnite has commented on the suit.
