Equity has today, Thursday 4 December, launched an indicative industrial action ballot for its members working in film and TV on the issue of artificial intelligence protections.
It will be the first time the performing arts and entertainment trade union has asked this whole section of its membership, encompassing those working in film and TV,* to vote in a ballot, indicative or otherwise.
Performers will be asked whether they are prepared to refuse to be digitally scanned on set in order to secure adequate artificial intelligence protections. The ballot opens today (Thursday 4 December) and will run for two weeks until Thursday 18 December.
Over 7,000 Equity members are included in the indicative ballot. Any performer not already a member can join now to get involved.
As the ballot is indicative, it will show the level of support the union has for this action short of a strike. But it is not binding, nor would it legally cover members who refuse to be digitally scanned on set – for this, a statutory ballot would need to be held, which would constitute a possible next step for the union.
Equity General Secretary, Paul W Fleming, said: “While tech companies get away with stealing artists’ likeness or work, and the Government and decision-makers fret over whether to act, unions including Equity are at the forefront of the fight to ensure working people are protected from artificial intelligence misuse.
“It is through union-negotiated agreements that set minimum pay, terms and conditions, that we can collectively ensure performers’ AI rights are protected.
“So it is disappointing that Pact is still not agreeing to protect our members when it comes to training AI. If bosses can’t ensure someone’s likeness and work won’t be used without their consent, why should performers consent to be digitally scanned in the first place?
“This indicative ballot gives Equity members an opportunity to send a clear message to the industry: that it is a basic right of performers to have autonomy over their own personhood and identity.
“Nobody wants further instability in our industries ahead of what we hope will be a positive year in 2026. However, with the inadequacy of the deal on the table, Equity has no choice but to recommend members support industrial action. It's time for the bosses to step away from the brink and offer us a package, including on AI protections, which respects our members.”
Pact negotiations
Equity is currently in negotiations with the Producers Alliance for Cinema and Television (Pact) – the trade body for independent production and distribution companies, representing the majority of companies in the sector. We are trying to determine a new agreement to set minimum pay, terms and conditions for actors, dancers and stunt performers working in film and TV.
Alongside issues such as pay, secondary payments (royalties and residuals), self-tapes (performers submitting recordings of themselves as part of the audition process), and hair and make up provisions for the global majority, artificial intelligence is a key issue for Equity members.
Members are increasingly concerned about the use of their voice and likeness, including being digitally scanned on set without sufficient protections. Equity is fighting for protections for performers based on the principles of explicit consent, transparency of terms, and fair remuneration for usage.
So far, Equity and Pact have made significant progress in negotiations on protecting performers’ rights when it comes to working with digital replicas (digital copies of real performers) and synthetic performers (artificially generated performers).
· *Those eligible to vote in the indicative ballot are Equity members who have worked on a Pact-Equity agreement since they were last negotiated in 2021. This comprises around 7,000 people – the first time this whole group members working across film and TV has voted on industrial action, in an indicative ballot or otherwise. However, smaller sections of this group have been balloted on industrial action in the past, such as the casts of specific productions.
· The indicative ballot question in full is: “Are you prepared to refuse to be digitally scanned on set to secure AI protections?” Members can vote “Yes” or “No” in response.
· Industrial action can take different forms. For instance, refusing to be digitally scanned on set would constitute ‘action short of strike’. Another form of industrial action is a strike, when workers refuse to work.
· In 2023, members of Equity’s sister union, SAG-AFTRA, comprising actors who work in film and TV in the US, went on strike for four months over issues including artificial intelligence protections.
