‘Brad Pitt’s smile and Jennifer Aniston’s eyes’: How SAG-AFTRA fought against AI with new deal

The historic actors’ strike, which lasted nearly four months from July to November – as the longest strike ever for film and TV actors – ended on Wednesday, Nov. 8. 

SAG-AFTRA won protections on a range of issues from pay to health benefits – but the most controversial issue was zombies. 

SAG-AFTRA members were afraid that studios could use AI to “reanimate” actors who have died – or, to also create a “digital Frankenstein” using the body parts from real actors. 

According to Variety, SAG-AFTRA did not get every AI restriction it was seeking. But it got most of it, including a requirement that if a “Frankenstein actor” cobbled together from AI has recognizable features taken from real actors, studios must get their permission.

“If you’re using Brad Pitt’s smile and Jennifer Aniston’s eyes, both would have a right of consent,” the union’s chief negotiator, Duncan Crabtree-Ireland, told the outlet. 

According to the outlet, AI became the “dominant topic” of the 118-day strike in its final 10 days. 

The union also won a consent agreement, in the use of dead actors’ likeness. 

The estates of dead actors can control their names and likeness 70 years after their death, under California law. However, while that covers commercial endorsements, it doesn’t cover movies or TV shows.

When a studio makes a biopic about a deceased famous person, it doesn’t need  permission from the famous person’s estate. Previously, with AI, a studio could make a new Western starring a digital version of John Wayne without his estate’s approval, if it wanted to. 

The late Robin Williams’ daughter, Zelda, 34, spoke out about this during the strike.

“I am not an impartial voice in SAG’s fight against AI,” Zelda wrote via her Instagram Story on Oct. 1

“I’ve witnessed for YEARS how many people want to train these models to create/recreate actors who cannot consent, like Dad,” she said.

“I’ve already heard AI used to get his ‘voice’ to say whatever people want and while I find it personally disturbing, the ramifications go far beyond my own feelings,” she went on. “Living actors deserve a chance to create characters with their choices, to voice cartoons, to put their HUMAN effort and time into the pursuit of performance.”

Sean Penn, 63,  also slammed the studios for using AI, telling Variety In September, “So you want my scans and voice data and all that. OK, here’s what I think is fair: I want your daughter’s, because I want to create a virtual replica of her and invite my friends over to do whatever we want in a virtual party right now,” Penn said. “Would you please look at the camera and tell me you think that’s cool?”

According to Crabtree-Ireland, SAG-AFTRA’s negotiations fought back on this point, and won.

“That is gone,” he said, referring to the fact that a studio could theoretically use AI to make a John Wayne movie, without permission from his estate. “They have to go to the estate.”

NBC News reports that SAG-AFTRA and the Alliance of Motion Picture and Television Producers (known as AMPTP) have agreed to meet twice a year regarding the topic of AI — in order to make sure they’re following federal regulations of as AI technology continues to evolve.

SAG-AFTRA also sought to limit AI consents to a single project. 

So for example, Hugh Jackman could agree to the use of AI in a specific “Wolverine” film, but his contract wouldn’t be permitted to allow the studio to keep replicating him infinitely, in future “Wolverine” movies. 

The Post reached out to SAG-AFTRA for comment.