Darth Vader, Fortnite, and AI walk into a bar… and by “bar” I mean a legal dispute. Last September, California passed a bill requiring companies to obtain consent before making AI replicas of deceased artists. You’d think plain old decency would have meant that practice was already in place, but it seems AI hasn’t been trained on the concept of decency yet. SAG-AFTRA was especially thrilled with the bill, after AI protections for actors was one of the key issues during the 2023 strike. So here’s a new wrinkle: last September we also lost the great James Earl Jones, who, amid a storied career, was the voice of Darth Vader. Turns out Jones bequeathed permission for studios “to use A.I.-backed recreations of his voice” posthumously, which is what Llama Productions recently did to use the signature Vader voice in their video game Fortnite. They received permission from his estate, so no problem, right? Wrong! SAG-AFTRA is none too pleased that they weren’t notified and given a chance to bargain on behalf of their members, so they’ve filed an unfair labor practice charge against Llama.
Llama, who are perhaps best known for their work on the hit gaming franchise Fortnite, has recently featured an A.I. recreation of James Earl Jones’ immortal Star Wars villain, Darth Vader, in their latest expansion. The A.I.-generated recreation of Jones’ voice was added to Fortnite with the express permission of the actor’s estate.
According to SAG-AFTRA’s charges, however, Llama Productions had failed to notify the actors’ union of the A.I.-powered performance without proper notice, as reported by AP News.
In a written statement from the organization, SAG-AFTRA cited their particular issues with Llama’s recreation of Jones’ iconic villain, including the fact that the A.I.-generated performance takes potential work away from a willing voice actor.
“We celebrate the right of our members and their estates to control the use of their digital replicas and welcome the use of new technologies to allow new generations to share in the enjoyment of those legacies and renowned roles,” the statement reads. “However, we must protect our right to bargain terms and conditions around uses of voice that replace the work of our members, including those who previously did the work matching Darth Vader’s iconic rhythm and tone in video games.”
Jones — who passed away last September at the age of 93 — remains one of the key prominent actors who gave formal permission to prospective studios (such as Disney) to use A.I.-backed recreations of his voice in any future media. In SAG-AFTRA’s eyes, however, this decision could hamper the potential for working actors hoping to play the role of Jones’ most notable characters, potentially upending the larger entertainment industry as a result.
“Fortnite’s signatory company, Llama Productions, chose to replace the work of human performers with A.I. technology,” the organization wrote. “Unfortunately, they did so without providing any notice of their intent to do this and without bargaining with us over appropriate terms. As such, we have filed an unfair labor practice charge with the NLRB against Llama Productions.”
As I often say when we get another artificial intelligence-prompted lawsuit, the fields of law this technology is generating is staggering. So not only will AI companies need to seek express permission of actor’s and/or their estates (hopefully the law will expand beyond just California), but, if subsequent laws are passed as a result of this case, the AI companies will also need to negotiate with unions. Again, the amount of very, very specific law to be written in relation to AI is enough to add a year to law school, I swear. Also, I wonder why Jones went ahead and gave future permission for his voice to be AI-replicated after his death. Did he get a big payout, or a nice licensing deal that goes to his estate? It’s unusual, considering most of the stories we hear are of celebs railing against AI, both here and in the afterlife. Having worked with the estate of a musical artist, I can also attest that the people left in control can be hawkishly protective of that artist’s legacy, and I mean that equally in terms of sentimental and fiscal factors. It’ll be interesting to see how this case plays out. The history, and law books, are waiting.
photos credit: Robin Platzer/Twin Images/Avalon, Darla Khazei/Avalon, Enzo Fornino/Avalon
Wouldn’t they also have to obtain permission from the owners of the Star Wars franchise?
They don’t own the rights to his voice.
But they did the digital altering of his voice to produce the voice in the movie, didn’t they?
James Earl Jones signed the rights to replicate his voice in AI for Darth Vader in 2022 to Lucasfilm/Disney. So yes, they do. For Darth Vader and it’s Vader in Fortnite with his estate and Lucasfilm/Disney permission.
Just no one ran the contract past SAG-AFTRA.
https://www.forbes.com/sites/timlammers/2024/09/09/james-earl-jones-signed-over-rights-for-ai-to-recreate-darth-vaders-voice/
I can see both sides to this. I do think that licensing his voice and image post-death is a very interesting way for James Earl Jones to ensure that his work continues to benefit his future generations and I think that is pretty cool in some ways. I understand other voice actors have played Darth Vader, but he IS Darth Vader and I think that if his family can continue to benefit from his work and everything he contributed to the arts that’s ok with me.
I think there’s something in the “Big Beautiful Bill” about not allowing any regulation on AI for the next 10 years? I don’t understand any of this.
I don’t understand this situation exactly. I would think that as long as Fortnight went through all of legal channels and the estate, they have the right to. Similar to using someone’s visual likeness.
I think it’s something like Jones’ work contracts were typically covered by that union, that union has specific rules around using AI versions of its members’ work (in order to protect its members, ensure employers aren’t screwing them, pressuring them to work out of contract, etc) so Fortnight can’t make a side deal directly with Jones or his estate without abiding by that union’s terms around AI or involving them before finalizing the contract (especially for work … ie a voice performance… that would have been covered under that union’s rules had Jones been alive to do it)
It’s like if you’re at a trade show or doing something at a theatre, you can’t just ask a union guy to help you move something and pay him a $20 for his trouble, and he can’t say yes – a side deal between him and you that involves his labor – because that work is trade union work and has to be governed by the overall contract for that project, site.
With the added issues of it being union contract governed work they used to teach the AI in the first place (without permission from the guild) and heading down the path of “actors? We don’t need no stinkin human actors, we’ve got AI” which the latest union rules, agreements do not allow studios to do.
Caveat IANAL
It’s good that SAG-AFTRA is looking for clarification, because no matter what JEJ’s estate says, the unions have agreed on rules, and then there’s the law. And I agree with you, Kismet, lawyers need to be trained in being able to see the different uses and possibilities.
Sorry, but I find much of this AI stuff scary, especially when we are no longer able to differentiate (especially without the help of more technology) between *real* and *artificial*.
It’s not only in cases like this, videogames, but in actual news by public broadcasters that are no longer trustworthy because even they fall for faked photos and doctored videos.
That said, AI does have its uses, especially in research — for sequencing, or finding anomalies in diagnostics like X-rays, MRI/MRT. But there are still far too many false positives for the technologies to be reliable.
I’m Gen X so the thought of anyone but James Earl Jones being the voice of Vader makes me cringe.. The same way every time I hear Kermit the Frog post 1990 I know it’s not Jim Henson. And I don’t love it.
I agree with SAG-AFTRA pumping the breaks on this. To make sure all their actors alive and passed rights and contracts are being protected. JEJ signed the right to replicate his voice with AI technology in 2022. I don’t know if SAG-AFTRA even had any legal language back then to cover this. We are in the Wild West of AI now. It will take years for the laws to catch up with technology.
And it needs to be transparent.
Would the majority of Academy Members still have voted for Adrien Brody if they knew beforehand. His accent was enhanced by AI on The Brutalist. I think not.