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Equity is standing in solidarity with sister union SAG-AFTRA after it was announced on 25 July that the American union has called strike action against major video games companies.
The strike comes after nearly two years of contract talks and will see voice actors and motion capture performers take industrial action over AI protections.
Equity is in total solidarity with SAG-AFTRA and has provided the below advice and information to members.
If you want to get involved and stay updated with all the latest news and information then join our Videogames Network. The Videogames Network will be organising within the union to encourage the adoption of best practices, improve pay and conditions, and be responsive to developments in generative AI.
Statement from John Barclay, Assistant General Secretary
“Equity stands in total solidarity with SAG-AFTRA who have taken the brave decision to authorise a strike against US video games companies. Voice and performance capture artists are a vital part of this multibillion-dollar industry, bringing to life characters that make games successful. We stand shoulder to shoulder with SAG-AFTRA as partners in a global fight to secure fair pay and protect our members’ rights, which could not be more urgent as we move forward with artificial intelligence innovation.
“In light of the strike authorisation, it is incumbent on the studios, producers and game developers that are operating in the UK to be transparent with performers and inform our members if they are commissioning work for a struck company. Excessive non-disclosure agreements should not be used to undermine the bargaining position of the creative workforce.
“Like our sister union, Equity is very concerned about the lack of safeguards to protect performers in the unregulated world of AI alongside our members’ health and safety, which is not always being taken seriously. The video games industry benefit hugely from tax relief in the UK. In 2022, nearly £200million was paid to games companies in tax relief, and a total of £830million has been paid out since 2014. Despite this huge financial gain to games companies, pay has stagnated and does not reflect our members’ valuable contribution. Equity remains committed to constructive dialogue with voice studios, performance capture studios, publishers, developers and trade bodies and we urge the industry to work with the union so that we can resolve these ongoing issues."
Advice Concerning SAG-AFTRA Industrial Action:
Here we set out Equity’s advice for members on the strike action based on the most common ways in which they are engaged. The legal part of this guidance is based on the advice we took in July 2023 in relation to SAG-AFTRA’s TV/theatrical/streaming strike action.
As in that dispute, the primary legal problem is the restrictive and draconian striking legislation in the United Kingdom, meaning that the framework for our members is different from our comrades in the United States. We were advised by SAG-AFTRA that its TV/theatrical/streaming strike was lawful according to United States law but we were advised by our UK lawyers that it was not lawful under UK law.
The same applies to this games strike. So, a performer joining the SAG-AFTRA strike (or refusing to cross a picket line) in the UK will have no legal protection against being dismissed or sued for breach of contract by the producer or the engager.
Likewise, if Equity were to encourage anyone to join the strike or not cross a picket line, Equity itself would be acting unlawfully and hence liable for damages or an injunction. What follows is based on that advice from SAG-AFTRA and our lawyers.
Frequently Asked Questions
The key issues of contention in the strike relate to pay, artificial intelligence, and health and safety. More information can be found on SAG-AFTRA’s website - new link and updated info.
All video games companies in the US are affected by the strike. The 10 signatories of the Interactive Media Agreement, who have been in negotiation with SAG-AFTRA, and on the list of struck companies:
• Activision Productions, Inc.
• Blindlight, LLC
• Disney Character Voices, Inc.
• Electronic Arts Productions Inc.
• Epic Games, Inc.
• Formosa Interactive, LLC
• Insomniac Games, Inc.
• Take 2 Productions, Inc.
• VoiceWorks Productions, Inc.
• WB Games Inc
Industrial relations legislation in the United Kingdom is very restrictive, and often viewed as the most restrictive in the Western world. This means that UK trade unions face complicated hurdles for going on strike. Also the employment status of Equity members makes it even more difficult to overcome those hurdles in this context.
Crucially, Equity does not have a collectively bargained agreement with the major UK video games vendors, which means we are not able to enter into a formal dispute like our sister union. The union has worked hard to try and establish collective agreements in the video games industry for many years, but we have faced ongoing resistance from the industry. The lack of collective agreements for video games stands in stark contrast to the UK film and TV industry, where collective bargaining is the norm.
Whilst we are not in dispute, Equity is delivering our own programme of work to protect the rights of performers who work on video games in the UK and fight for better and fairer remuneration.
You should continue to work and should not be prevented from doing so by a SAG-AFTRA picket. As the strike has been authorised under legislation in the United States but is not lawful under United Kingdom legislation, you have no protection against being dismissed or sued for breach of contract by the producer or your engager if you take strike action or refuse to cross a picket.
As outlined above, SAG-AFTRA’s dispute is not lawful under United Kingdom law. Whilst we stand in solidary, this is not an Equity dispute, and you are free to accept work. This should not prejudice your right to become a SAG-AFTRA member in the future.
The same, as above, still applies.
Under UK law, SAG-AFTRA is not permitted to discipline you for continuing to work.
Auditioning for a game, including those produced by a struck company, is a personal decision and you are free to accept work.
We are aware that it will be difficult for Equity members to be able to identify which games are affected when the end client and title of the game is often not disclosed.
We will make clear to the studios, producers and game developers that performers must be told at audition stage whether or not the end client is a struck company, and the code name of the game must also be disclosed. If the company auditioning you has not disclosed this information, please request it. Should they refuse, we recommend seeking additional reassurance that this information will at the very least be disclosed prior to accepting work. Should the company also refuse this request, it will be a personal decision as to whether you would like to continue on that basis.
Equity has deep concerns about the damaging impact of NDAs, which serve to isolate and gag performers. We also know that video game performers often do not know the end client or game title, due to high levels of secrecy, which will make it difficult to be able to identify which games are affected by SAG-AFTRA’s strike.
We will be making clear to the studios, producers and game developers that performers must be told at audition stage whether or not the end client is a struck company, and the code name of the game must also be disclosed. We will be making clear once again that excessive NDAs should not be used to undermine the bargaining position of the workforce and the effectiveness of the strike.
Please make sure you understand the commercial terms of any contract and NDA you have signed – if the company engaging you has not disclosed this information, you should request it. You can contact the union if you have any queries or concerns. To be clear, an NDA cannot prevent you from speaking to your trade union.
You should not breach your contract, but equally that your contract should not be altered or your work changed unreasonably to undermine the SAG-AFTRA dispute, and certainly not without your consent. If you are worried, contact the Equity official (details below).
Whilst a strike is not taking place in the UK, Equity will continue to stand up for video game performers. We are encouraging members to show their support on social media and via other organising methods. We will also be delivering our own programme of work to protect the rights of performers who work on video games in the UK and fight for better and fairer remuneration.
You can join Equity's new Videogames Network. The Videogames Network will be organising within the union to encourage the adoption of best practices, improve pay and conditions, and be responsive to developments in generative AI.
If you are interested in getting involved, or hearing more about the important work being done to improve terms and conditions in one of the most lucrative areas of the UK’s creative industries, you can sign up to our Videogames Network mailing list.
Employers are not entitled to know whether you are a union member. It's against the law to treat someone less favourably or cause them detriment based on whether they are, or are not, a trade union member. You should remind the producer of your rights and report this to the appropriate member of Equity staff listed on this page immediately.
Employers are not entitled to know whether you are a union member. It's against the law to treat someone less favourably or cause them detriment based on whether they are, or are not, a trade union member. You should remind the producer of your rights and report this to the appropriate member of Equity staff listed on this page immediately.
Equity has been in constant contact with our sister union throughout the negotiations and we will continue to work closely and collaboratively with our sister union. If you are aware of a potential “runaway production”, please contact the appropriate member of Equity staff listed on this page immediately, and we will inform SAG-AFTRA. We will continue to work together and explore joint action to stamp out this practice.
If you were engaged on a UK contract, you should continue to undertake your contractual obligations, including any press or publicity. If you don’t do this then you are at risk of being sued for breach of contract by the producer or your engager. Sometimes such clauses include reference to ‘reasonableness’ in addition to or instead of specific obligations. In such a case you should contact Equity for further advice if you are concerned as to what this might mean; advice on such clauses will have to be on a case-by-case basis.
As outlined above, SAG-AFTRA’s dispute is not lawful under United Kingdom law. Whilst we stand in solidary, this is not an Equity dispute, and you are free to accept work. This should not prejudice your right to become a SAG-AFTRA member in the future.