From Hollywood to Germany: A Transatlantic Comparability of Collective Agreements on AI in Movie and TV Manufacturing – Half 2 – Cyber Tech

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Introduction

Not way back, synthetic intelligence (“AI”) was an idea delivered to life by human actors – whether or not via Scarlett Johansson’s voice in Her (2013) or as Alicia Vikander’s eerie humanoid presence in Ex Machina (2014). At present, the roles have reversed: it’s AI that’s creating on-screen performances that seem convincingly human.

From de-aging and re-aging to posthumous digital replicas and totally artificial background performers, generative AI presents the leisure {industry} new artistic prospects and doubtlessly cost-saving efficiencies in (put up)manufacturing. For display screen and voice actors and actresses (collectively “performers”), AI can come to the rescue when sickness or unexpected circumstances stop them from finishing a venture – doubtlessly avoiding a full recasting. But fears in regards to the erosion of their artistic management, and in the end their livelihoods, clearly prevail.

These issues fueled the four-month strike by the U.S. actors’ union SAG-AFTRA in 2023, when AI turned a key subject within the negotiations over the renewal of its settlement with the manufacturing corporations’ affiliation AMPTP. In December 2023, the brand new contract (“SAG-AFTRA Settlement”) was ratified, introducing detailed provisions governing AI in movie and tv manufacturing.[1] In February 2025, the German federal actors’ union BFFS and the general public sector commerce union ver.di reached an settlement with the producers’ alliance (Produktionsallianz) on the usage of generative AI in movie manufacturing (“BFFS Settlement”), efficient March 1. Whereas this settlement was reached with out the high-profile strikes seen in Hollywood, it represents an equally important milestone for the movie {industry}.

This two-part article examines the BFFS Settlement and compares its key provisions to the SAG-AFTRA Settlement, highlighting similarities and variations in making certain performers’ participation and management over the usage of AI. Half 1 explored statutory safety vs {industry} agreements, regulated AI use instances, and compensation for AI substitute. This second half appears at consent necessities and autopsy AI-modified performances and considers the long run outlook on this discipline.

 

IV. Consent Necessities

Each the BFFS and the SAG-AFTRA Settlement acknowledge that no consent is required the place the usage of efficiency or likeness is legally permitted. Beneath German regulation, this consists of instances the place different basic rights (e.g., freedom of artwork) prevail or copyright exceptions (e.g., citation, pastiche) apply. Beneath the SAG-AFTRA Settlement, this issues First Modification makes use of (e.g., remark, criticism, satire, parody, docudrama). In any other case, the next consent necessities apply.

  1. Digital replicas

Solely very slim exceptions to the requirement of the performer’s specific consent apply for digital replicas.

(a) Normal rule: Consent required

The BFFS Settlement displays the statutory requirement of consent for any creation, copy, distribution and public show of a digital duplicate – no matter whether or not it’s created through the performer’s engagement for a particular manufacturing or based mostly on pre-existing recordings, and of the performer’s bodily participation.

The SAG-AFTRA Settlement follows the identical broad method of a common want for clear and conspicuous consent for any form of digital duplicate. Some particulars differ because of the distinction between digital replicas of background actors and people of performers, with the latter additional divided into employment-based (created in reference to the performer’s employment on a movie) and independently created (there isn’t any employment for the performer on the movie through which the digital duplicate is used).

Whereas consent and granting of rights below the BFFS Settlement could also be included within the common solid settlement, the SAG-AFTRA Settlement requires a individually signed declaration.

(b) Exceptions to the necessity for consent

The BFFS Settlement gives that the performer might not, opposite to good religion, refuse to consent to the usage of a digital duplicate or partial digital embodiment for (stunt) scenes through which she is proven or doubled in “harmful conditions”. However the want for consent is simply waived totally if the usage of a digital duplicate or partial digital embodiment doesn’t “considerably exceed the scope of the contractually agreed actual participation” of the performer and the performer is unable to carry out, for instance as a result of an harm. The SAG-AFTRA Settlement is broader: no consent is required if the duplicate use leaves the images or soundtrack considerably as scripted, carried out and/or recorded, no matter whether or not the performer was in a position to carry out in particular person.

(c) Use in subsequent productions

Extra consent necessities apply when a reproduction is used exterior the manufacturing for which the performer was initially engaged. The BFFS Settlement mandates consent in writing (which isn’t typically necessary for digital duplicate, however all the time advisable) and in a separate settlement with specified use of the duplicate (manufacturing, position, and so on.) and separate remuneration.

Consent should typically be obtained when the digital duplicate is utilized in a subsequent manufacturing. It could be included within the solid settlement for the preliminary manufacturing provided that the performer is already engaged for the later venture (e.g., in a collection, prequel, sequel, remake). Usually, digital replicas might solely be utilized in different tasks if the performer is re-engaged, apart from when the performer is unavailable as a result of different obligations, sickness, or loss of life, or if the events conclude a person settlement for compensation.

In essence, this mirrors the SAG-AFTRA Settlement’s method to digital replicas of performers.[2] For background actors, nevertheless, consent should all the time be obtained on the time of use, and use of digital replicas in different tasks is prohibited if that is performed to avoid a re-engagement.

  1. Digital modifications

Materials digital modification of the age, bodily stature, look and/or voice of a efficiency utilizing generative AI require specific written consent of the performer to the particular modification (e mail suffices below the BFFS Settlement; the SAG-AFTRA Settlement requires a individually signed assertion). The next exceptions apply below the BFFS Settlement, all of which remarkably just like the carve-outs within the SAG-AFTRA Settlement:

(a) No consent required: Script-compliant modifications

No specific consent is required for modifications that is still considerably trustworthy to the script or the performer’s position. Because the settlement goals to make sure enough management and safety for performers, this exception is probably going restricted to minor AI-enabled adjustments. For example of a considerable departure from the script going past this exception, the BFFS Settlement mentions “(visible) reversals”, e.g., reskinning by altering a dark-skinned right into a light-skinned particular person or vice versa.

(b) No consent required: Customary post-production enhancing

Inside the statutory safety towards distortion, industry-standard enhancing and changes are permitted with out separate consent. This privileging is harking back to the EU AI Regulation, which exempts assistive AI commonplace edits from the supplier’s obligation to make sure labelling of artificial content material, Artwork. 50(2).

The BFFS Settlement lists typical post-production measures, together with enhancing, reducing and different adjustments to restore or enhance the standard of the recorded materials (e.g., shade grading), in costume, for timing and pace, for continuity, noise discount, intelligibility, size, sound, for VFX results and filters, but additionally for adjustments made to adjust to scores (e.g., for youth safety) and minor changes to dialog, storylines, authorized necessities and {industry} practices. Nonetheless, any deviation from the script or position must be dealt with with nice care and, when doubtful, coated by specific consent.

(c) No consent required: Dubbing

Digital modifications may additionally not require separate consent if they’re made for post-synchronization to dub the movie into one other language, together with diversifications of the dialog or recorded efficiency for distribution in sure license markets and changes made to the efficiency (i.e., use of a double or lips/face/physique/voice adjustments).

  1. Synthetic performers

For synthetic performers, the BFFS Settlement reiterates the authorized established order: consent is required if a human performer is recognizable for acquaintances within the synthetic performer. It additionally affirms the worth of human efficiency and acknowledges AI’s potential influence on employment, echoing the language of the SAG-AFTRA Settlement. Nonetheless, the SAG-AFTRA Settlement already requires producers to offer discover and discount in good religion if an artificial performer is to switch a human one.

 

V. Submit-mortem AI-modified performances

The SAG-AFTRA Settlement treats the impact of a performer’s or background actor’s loss of life on the consent given throughout her lifetime as a key points, once more as a result of fragmented U.S. state regulation and the dearth of a federal framework.[3] Such consent stays legitimate after loss of life except explicitly restricted. The place consent should be given after the performer’s loss of life (e.g., for duplicate use in one other manufacturing or autopsy digital alterations), it might be granted by the property or, if none exists, by the union.

The BFFS Settlement addresses a performer’s loss of life solely with respect to the usage of a digital duplicate in subsequent productions: consent given through the lifetime within the context of the preliminary engagement that coated later makes use of stays legitimate after loss of life. Aside from that, common copyright and character rights apply to autopsy makes use of, which means any use after the loss of life of the performer not adequately contractually coated through the lifetime should be approved by the successor in proper.

 

VI. Conclusion and Outlook: Extra similarities than variations

The BFFS and SAG-AFTRA Agreements each mark important landmarks within the {industry} regulation of AI in movie manufacturing, every formed by their authorized framework. Since German regulation already gives robust safety for performers of their performances and likenesses, the BFFS Settlement focuses on sensible implementation and establishing industry-wide agreed modalities. This makes the settlement no much less necessary, because it defines clear requirements and a good steadiness of pursuits.

Each agreements tackle present key use instances of generative AI output, the BFFS Settlement even partial digital embodiments, whereas the SAG-AFTRA Settlement does so solely within the context of artificial performers with recognizable key human facial options. Consent and compensation are key ideas in each agreements, with related approaches to the scope of consent (typically project-specific, with exceptions if the performer is re-engaged), its redundancy for sure digital modifications (script-faithful adjustments; commonplace post-production enhancing; dubbing), and the calculation of compensation for AI replacements (fictitious capturing days). Notably, the SAG-AFTRA Settlement even waives consent if a digital duplicate leaves the images or soundtrack considerably intact.

A key distinction lies in autopsy use of AI-modified performances: the BFFS Settlement follows an opt-in mannequin, whereas the SAG-AFTRA Settlement applies an opt-out method (lifetime consent stays legitimate except restricted).

Each agreements foresee common opinions. The SAG-AFTRA Settlement requires semi-annual conferences with every producer to debate generative AI use and bias mitigation. The settlement’s 2.5-year time period (till finish of June 2026) will immediate renegotiations by January 2026. The BFFS Settlement additionally gives for biannual joint opinions and earlier termination than the final collective settlement for flexibility.

To conclude, the BFFS Settlement displays the core elements and predominant compromises of the SAG-AFTRA Settlement. As movie speaks a common language, a completely unified world {industry} commonplace can be fascinating. To this point, Hollywood has taken the lead in shaping such a regular.

 

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[1] Since then, SAG-AFTRA has concluded different AI-specific agreements, for instance with a AI voice know-how firm.

[2] The SAG-AFTRA Settlement solely permits duplicate use with out re-engagement if the performer is deceased. However it additionally acknowledges “independently created digital duplicate” – makes use of for productions the place the performer will not be employed however has consented towards bargaining – just like the BFFS Settlement’s exception allowing use with out re-engagement via particular person settlement towards fee.

[3] California simply handed a SAG-AFTRA-supported regulation in August 2024 that requires the property’s consent for the creation and use of digital replicas of deceased personalities.

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