Recently, SAG-AFTRA (Screen Actors Guild—American Federation of Television and Radio Artists), the union representing voice actors in video games, lodged a complaint with the National Labor Relations Board against Epic Games’ Llama Productions. The union provided a statement on its website. Representing approximately 2,600 video game actors, SAG-AFTRA saw 98% of its members vote for a strike last year against major game companies. Earlier this year, while some issues were resolved through negotiation, both sides remained far apart on AI-related matters.

The SAG-AFTRA complaint against Epic Games could set a significant precedent

The complaint centers on Epic’s recent use of James Earl Jones’s voice in Fortnite, enabling players to engage in dynamic conversations with Darth Vader. This move has sparked two major controversies in the past few days, with the internet buzzing over Fortnite players making Darth Vader use inappropriate language, which has since been fixed.

While AI is a contentious issue in relation to performance art, SAG-AFTRA is not against actors licensing their voices for AI use. James Earl Jones, who voiced Darth Vader for many years, licensed his voice to Disney in 2022 before his passing last year. The AI recreation of his voice was done with the estate’s permission, so there is no issue with using his voice without consent. SAG-AFTRA stated: “We support members and their estates controlling their digital replicas and welcome new technologies to share legacies with new generations.”

However, SAG-AFTRA emphasized that Llama Productions, the signatory company behind Fortnite, did not consult the union or provide notice before replacing human voice actors with AI. Despite its support for responsible AI use—such as its agreement with Replica Studios in 2022—this case is problematic because the union was not involved in the decision-making process. Without union consent, this sets a concerning precedent for other major game companies to bypass unions in similar situations.

Unions allow employees to negotiate collectively with employers. SAG-AFTRA represents voice actors at Epic Games and other companies like Take-Two Interactive, Insomniac, Activision, and Electronic Arts. Major decisions affecting employees should involve unions, as they are part of contractual obligations. In this case, while Epic obtained permission from the actor’s estate, the union should have had a say. If unions are excluded, it could lead to further marginalization of workers in the industry.

The video game industry has seen massive layoffs since 2022, with 35,000 developers losing their jobs, according to a tracker by Farhan Noor. As companies cut costs to meet investor expectations, workers are often the first to bear the brunt. Few game developers are unionized, but recent strides, like the Overwatch 2 team at Activision Blizzard forming a union, show progress. If more teams follow, it could lead to significant industrywide changes.

The SAG-AFTRA complaint will likely take time to resolve, but the outcome will set a major precedent. If Epic faces no repercussions, other companies may feel emboldened to bypass unions in AI-related decisions, potentially harming job security for actors and developers. While the Fortnite AI feature was a notable achievement, the long-term implications for labor are far greater.