In the midst of the ongoing strike action against interactive media companies, SAG-AFTRA (the Screen Actors Guild – American Federation of Television and Radio Artists) has filed a labor complaint against Llama Productions LLC (“Llama“), a subsidiary of Epic Games, Inc (“Epic“). which produces the hit video game “Fortnite”. SAG-AFTRA claims that Llama “chose to replace the work of human performers with A.I. technology“, by using AI to recreate the world-renowned voice of Darth Vader (performed by the late, great James Earl Jones) on its Star Wars-themed Battle Royale mini-season on Fortnite.
What’s been going on?
SAG-AFTRA’s members have been on strike against video game employers since 26 July 2024, creating challenges for the video games industry while SAG-AFTRA’s Interactive Media Agreement Negotiating Committee pits itself against the major video game studios and other employers as they attempt to negotiate the terms of a new Interactive Media Agreement. A central pillar of the negotiations is the level of protections for performers in respect of AI, both in respect of digital replicas of actors’ performances and the use of generative AI. For those who have been keeping an eye on things on the other side of the pond, these were key issues for SAG-AFTRA when they were negotiating their TV and Film Agreement.
There have been fundamental disagreements on the provisions around the use of AI. On 9 May 2025, SAG-AFTRA received what was stated to be the video game companies’ “last, best, and final” offer. In a statement by the video game developers’ spokesperson, the offer was said to address key issues which were essential to reaching a deal with SAG-AFTRA.
One of the most significant movements by the video game companies in their latest proposal to SAG-AFTRA was the removal of a term allowing a video game producer to negotiate a one-off payment for the use of what was dubbed an “unlimited” Digital Replica for a period of 3 years. This has been entirely scrapped, meaning that performers would need to be compensated in line with applicable scales of remuneration[1] for any use by the studios of their Digital Replica.
Why is SAG-AFTRA complaining about Fortnite?
One of James Earl Jones’ most iconic performances is as the voice of Darth Vader in the Star Wars films. Sadly, Jones passed away in 2024 but, before he died, it was reported that he had given his blessing for archival voice recordings to be used to recreate Jones’ younger voice through AI technology, so that Darth Vader’s legendary voice might live on after Jones’ passing.
In order to feature Jones’ voice in the Fortnite Battle Royale, Llama sought the permission of Jones’ estate to make use of his voice in the same way, which was granted. Players have been able to interact with Darth Vader in-game through conversational AI, all in the classic Vader tone and rhythm made famous by Jones.
However, against the backdrop of the ongoing negotiations, a dispute has arisen between the union and Llama because, in SAG-AFTRA’s view, Llama “failed and refused to bargain in good faith with the union by making unilateral changes to terms and conditions of employment, without providing notice to the union or the opportunity to bargain” [2] when they chose to replace the work of human performers with AI technology in the Fortnite game.“
In essence, SAG-AFTRA claims that Llama should have given notice to the union of their intention to use AI to synthesize Jones’ voice, in order to ensure proper bargaining of terms in accordance with the union’s rules. We aren’t aware of the specific terms on which Jones’ estate granted Llama with the right to recreate his vocal performance and how those terms match up with the current state-of-play in respect of the latest proposal from the video games studios in relation to the Interactive Media Agreement. As SAG-AFTRA’s complaint was only lodged on 19 May, we shall be keeping a close eye on how this dispute plays out but it is a reminder for video games studios to consider the broader implications of the union rules when making any changes that impact union members.
[1]may-9-ima-company-proposal.pdf
[2]SAG-AFTRA’s Charge Against Employer (filing to the National Labor Relations Board)
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