Equity have been made aware of a video game casting which explicitly outlines the use of AI and a full assignment of rights to the end client. The guidance below explains what some of the broad terms used within such castings mean, some of the risks to be aware of and what Equity members and agents must take into consideration before embarking on such work.
What is an assignment of rights?
A full assignment of rights means any rights a performer has over their image, voice, likeness or performance is signed away. In this case, all rights would belong to the end client (the publisher of the video game).
Performers would have no rights in future to consent to any other use of this work. With their voice and likeness can be used in any way and does not belong to them.
Risks: Performers would have no rights in future to consent to any other use of this work. Your voice and likeness can be used in any way and does not belong to you.
What is ‘AI/LLM Training and Speech Model Usage'?
This stands for Artificial Intelligence / Large Language Model and Speech Model Usage.
Your voice would be used to train large language model / AI software and create a voice model, likely recognisable to you.
Risks: You would have no legal ownership of this AI voice, and this could directly impact your ability to work in future. Sessions for which you may have been paid for your studio time can be replaced with using your AI voice.
What is a buyout?
A buyout is when you are paid a one-off fee for this work and usage.
Risks: This leaves performers with no scope to negotiate additional payments in future, or for any other usage. If a sequel or further game is made and your AI voice is used for that, you’d receive no additional payment.
The Client can use your voice, work and recordings in any way they want, wherever, forever.
These broad terms mean that your voice can be used in any projects down the line, without additional payment to you. This can include anything from film or tv projects adapted from the game to future series of the game. It strips you of any opportunity to be paid for such projects made at any time, now or in the future.
Your voice can be altered in a way you cannot consent to. Your voice (recognisable to you as an individual) can be made to ‘say’ things you have not said or even express views you don’t hold and could have refused to say or perform in studio.
Your likeness would be forever attached to this project in a way that you cannot stop or influence.
What are the wider risks?
Performers and Agents agreeing to such terms, with no scope for negotiation or additional protections for performers around AI weakens the industry’s resistance to AI. Equity’s position on AI is not one of refusal, but ensuring performers are entitled to fair compensation for such work and importantly, control and consent. The broad terms of this project that we have seen do not offer this.
It is the responsibility of Equity to ensure our members resist the influx of bad terms and conditions around AI and to stop these types of projects, that do not allow negotiation for adequate AI protections, becoming more widespread in the industry. Replacing human voice and work opportunities for human performers will decimate the future of the industry and income potential for performers.
What is Equity advising its members to do?
Equity is imploring members and agents to proceed with extreme caution with work that involves such broad terms.
It is up to each performer as an individual to decide if any project is right for them, but it is vital you and your agent are aware of the risks and implications it may have before going further with this project.
It is important to note that the initial casting that we were made aware of was giving the basic information to agents and performers, and the full details of the terms will be given to agents and performers under an NDA. Equity have not seen these detailed terms and the advice in this post is based on the information available to us at the minute. We are also unable to name the game or studio due to this NDA. The more detailed breakdown or usage may differ from what is advised here.
Performers are entitled to seek advice on contracts, even under an NDA, from a professional body including your trade union.
For further advice, contact games@equity.org.uk
See Equity’s AI Toolkit here: Equity AI Toolkit | Equity
See Equity’s Games Advice here: Video Games Recommended Rate Card | Equity
