SAG-AFTRA has filed an unfair labor practice charge against the makers of “Fortnite” for using an AI-generated replica of the late James Earl Jones’ voice as Darth Vader without notifying or bargaining with the actors’ guild.
The use of the Vader voice in “Fortnite” is the first major recreation of Jones’ voice by artificial intelligence in commercial IP since the actor’s death last September and comes after Jones signed an agreement in 2022 with Lucasfilm permitting the studio to create such replicas for future use of the character.
In the complaint filed with the National Labor Relations Board, which can be read here, SAG-AFTRA says that it requires companies who wish to use digital replicas must still bargain with the union even when receiving consent from a deceased actor, as use of the replica is still taking bargaining unit work that could go to a union performer.
“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,” SAG-AFTRA said in a statement. “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 of matching Darth Vader’s iconic rhythm and tone in video games.”
“Fortnite’s signatory company, Llama Productions, chose to replace the work of human performers with AI technology. Unfortunately, they did so without providing any notice of their intent to do this and without bargaining with us over appropriate terms,” the statement continued.
On Friday, Disney and Llama Productions’ parent company, Epic Games, announced that “Fortnite” would use conversational AI to allow players to interact with and strategize with Darth Vader. In a blog post, Epic said it worked with Jones’ estate to develop the AI voice.
“James Earl felt that the voice of Darth Vader was inseparable from the story of Star Wars, and he always wanted fans of all ages to continue to experience it. We hope that this collaboration with Fortnite will allow both longtime fans of Darth Vader and newer generations to share in the enjoyment of this iconic character,” Jones’ family said in a statement included in the blog post.
The ULP charge also comes in the midst of an actors’ strike against video games that has lasted for nine months as SAG-AFTRA and companies that are signatory to the union’s Interactive Media Agreement remain at an impasse over AI protections.
The companies sent their most recent counterproposals last week, which included an agreement to eliminate the ability of companies to pay a flat rate of at least six times the union minimum for unlimited use of an actor’s digital replica. SAG-AFTRA members held a union-wide meeting to discuss the latest offer.
