WGA and SAG-AFTRA deals set first AI protections for Hollywood writers and performers

Background

The Writers Guild of America (WGA) strike that began in May 2023 ended on September 25, 2023, when the union reached a tentative agreement with AMPTP on a new Minimum Basic Agreement (MBA) ^[1][7]. Generative AI, which produces text or images from prompts, raised questions about how studios might use it in writing and performance.

SAG-AFTRA's 2023 TV/Theatrical agreement covered performers, and members ratified it on December 6, 2023 ^[3][6]. The two contracts set AI rules for Hollywood writers and performers.

What the writers' contract says

Under the 2023 MBA, AI cannot write or rewrite literary material, and AI-generated material is not considered literary material or assigned material ^[1][2]. A writer may choose to use AI when performing writing services if the company consents, but companies cannot require writers to use AI software such as ChatGPT ^[2]. Companies must disclose to writers if any materials given to them were generated by AI or incorporate AI-generated material ^[2]. The WGA reserved the right to assert that exploitation of writers' material to train AI is prohibited by the MBA or other law ^[2].

What the performers' contract says

SAG-AFTRA's 2023 TV/Theatrical agreement requires producers to obtain performers' informed consent, with at least 48 hours' notice, to create digital replicas of their voice or likeness ^[3][4]. Performers must be paid when their digital replicas are used, and producers cannot use digital replicas to avoid hiring background performers ^[3][4]. Producers must give the union notice and an opportunity to bargain before using synthetic performers that are wholly digital and not based on any real human performer ^[3].

Ratification and terms

WGA members ratified the 2023 MBA with 99% approval (8,435 yes to 90 no), for a term from September 25, 2023 through May 1, 2026 ^[5]. SAG-AFTRA projected the agreement would deliver $1.014 billion in new money over its term, including a 7% general wage increase effective November 9, 2023, a further 4% on July 1, 2024, and 3.5% on July 1, 2025 ^[3]. SAG-AFTRA members ratified the contract on December 6, 2023 ^[6].

Why it matters

The agreements do not treat AI as a single issue. For writers, the contract separates AI from literary material, requires disclosure, and leaves the choice to use AI with the writer and company consent ^[1][2]. For performers, it distinguishes digital replicas of real people from wholly synthetic performers, attaching consent and pay to the former and notice and bargaining to the latter ^[3][4]. The WGA also preserved a claim about training: it reserved the right to argue that using writers' material to train AI is prohibited by the MBA or other law ^[2]. In both contracts, AI use became a subject of written terms rather than an unaddressed practice. The WGA term runs to May 1, 2026, so those rules have a defined contract period ^[5].