By Sagar V. Mankar SAG-AFTRA, the union of actors and performers, has successfully negotiated agreements with 80 video game developers, after a month-long strike.
These game studios have signed Interim IMA or Tiered Budget Independent Interactive Media Agreement (IMA), which ensures important protections, especially regarding artificial intelligence (AI) use, a key major reason for the strike.
The new Interim IMA agreement includes several protections including:
- Fair Compensation: Performers will receive better pay, especially given the rise of streaming platforms.
- Residuals and Additional Compensation: Payments will be based on game units sold, subscription numbers, and download counts.
- AI Protections: There are safeguards against using AI to replicate actors’ voices or likenesses without their consent or proper compensation.
- Improved Working Conditions: Measures have been introduced to enhance on-set safety, addressing the physical and vocal demands of performance work. This includes having medics on set for performers’ safety.
To accommodate smaller developers, a tiered budget system has been introduced. This system allows independent developers with smaller budgets to work with union talent while still offering the protections found in the traditional IMA. The tiers are based on project budgets:
- $250,000 to $1 million
- $1 million to $5 million
- $5 million to $15 million
- $15 million to $30 million
Projects with budgets over $30 million will fall under the traditional IMA, generally used for major developers and publishers.
With this agreement in place, performers can now return to work on these 80 video game studios included in the deal. However, the strike continues against major companies like Disney, Warner Bros., and Electronic Arts.
The IMA covers both on-camera performers, such as those involved in motion and performance capture, and off-camera performers, like voice actors. Other roles, such as singers, dancers, background performers, and stunt artists, are also protected under this agreement. While independent developers using the tiered system do not receive discounts for these roles, they still need to sign full-rate IMA agreements.
Duncan Crabtree-Ireland, SAG-AFTRA’s national executive director and chief negotiator, emphasized that these agreements reflect the broader industry’s stance, stating,
“The video game companies in the collective bargaining group do not represent the will of the larger video game industry.”
He further explained that these agreements preserve “human art, ingenuity, and creativity” in interactive storytelling, showing that the AI terms in the contract are “reasonable, feasible, and sustainable.”
The strike began on July 26 after over 18 months of failed negotiations between SAG-AFTRA and major gaming companies like Activision, Warner Bros., and Walt Disney. The main point of disagreement was AI protections.
The IMA, which protects around 2,600 voice and motion capture performers, expired in November 2022. During the latest contract negotiations, performers have been pushing for consent regarding AI replicas of their voices or likenesses, and compensation for such uses.
This tiered IMA for indie developers is part of the traditional IMA, with the only difference being the tiered budget structure.
Interestingly, this isn’t SAG-AFTRA’s first AI-related deal. In August, the union reached an agreement with Narrativ, which allows actors to set prices for advertisers to digitally replicate their voices in ads under strict terms.
This agreement marks another significant step toward protecting performers’ rights in the ever-evolving gaming industry.