Key Takeaways
- The actors’ union, SAG-AFTRA, is taking legal action against an Epic Games subsidiary, Llama Productions.
- The company is accused of using artificial intelligence to create a Darth Vader voice in Fortnite without consulting the union.
- SAG-AFTRA states this violates labor agreements as they were not given a chance to negotiate.
- This dispute arises as AI’s role in game development becomes a central issue in the ongoing voice actors’ strike.
The major union for screen actors, SAG-AFTRA, lodged a labor complaint on Monday against Llama Productions, a company under the Epic Games umbrella.
The core of the complaint is the accusation that Llama Productions used artificial intelligence to replace human voice actors, specifically for a Darth Vader character in the popular game Fortnite, without getting the union’s okay.
This legal filing follows a recent public outcry over an AI-generated Darth Vader in Fortnite’s “Galactic Battles” event, which reportedly used offensive language. SAG-AFTRA claims the company used AI for this character without notifying or bargaining with them, breaching their labor contracts.
“We became aware when the press release hit the wires,” a SAG-AFTRA spokesperson told Decrypt. This type of complaint, known as an unfair labor practice charge, suggests an employer has broken labor laws.
The union emphasizes its crucial role in discussions about replacing human work with AI. “This charge concerns the union’s critical role in negotiating terms concerning the replacement of bargaining unit work with AI technology,” the spokesperson added, highlighting that while AI tools can enhance experiences, employers must negotiate terms with the union first.
According to the SAG-AFTRA spokesperson, the union did not reach out to Epic Games before filing the charges. As of their statement, Epic Games, the developer of Fortnite, had not responded to the complaint or to Decrypt‘s request for comment.
SAG-AFTRA is now asking the National Labor Relations Board (NLRB) to issue a formal complaint. They argue Llama Productions failed to bargain in good faith by unilaterally using AI-generated voices for Fortnite, thereby changing employment terms without notice or discussion.
If the NLRB finds Llama Productions in violation, the company might have to reinstate any affected employees and provide back pay. The board could also order the company to display notices about workers’ rights and the case’s outcome, though it does not issue fines.
This complaint emerges during a wider movement by SAG-AFTRA voice actors, who have reportedly been on strike since July 2024. The use of AI in creating games is a significant point of disagreement in these ongoing labor disputes.
It’s not yet clear how this complaint might impact productions using licensed voices of actors who have passed away. For instance, before his death in 2024, James Earl Jones, the original voice of Darth Vader, licensed his voice to Lucasfilm for future projects.
Other actors whose estates have licensed their voices to AI developers include Judy Garland, Jimmy Stewart, and Grateful Dead frontman Jerry Garcia. While SAG-AFTRA supports its members’ rights to control their “digital replicas,” it also insists that the right to bargain terms must be protected, even for roles that involve matching iconic voices like Darth Vader’s in video games.
