Performing arts and entertainment trade union Equity is holding an indicative industrial action ballot for members working in film and TV on the issue of artificial intelligence protections.
It’s the first time Equity has balloted this whole section of its membership, indicative or otherwise. The section encompasses around 7,000 people working in film and TV.
Artificial intelligence protections
Alongside issues such as pay, secondary payments (royalties and residuals), self-tapes (performers submitting recordings of themselves as part of the audition process), and hair and make up provisions for the global majority, artificial intelligence is a key issue for Equity members.
Members are increasingly concerned about the use of their voice and likeness, including being digitally scanned on set. Equity is fighting for protections for performers based on the principles of explicit consent, transparency of terms, and fair remuneration for usage.
The ballot asks performers if they’ll refuse digital scanning on set in order to secure adequate artificial intelligence protections. The ballot opened on 4 December and runs until 18 December.
The indicative ballot will show the level of support the union has for this action short of a strike. But it is not binding, nor would it legally cover members who refuse to be digitally scanned on set. This would require a statutory ballot, which would constitute a possible next step for the union.
Pact negotiations
Equity is currently in negotiations with the Producers Alliance for Cinema and Television (Pact). This is the trade body for independent production and distribution companies, representing the majority of companies in the sector.
They are trying to determine a new agreement to set minimum pay, terms and conditions for actors, dancers and stunt performers working in film and TV.
So far, Equity and Pact have made significant progress in negotiations on protecting performers’ rights when it comes to working with digital replicas (digital copies of real performers) and synthetic performers (artificially generated performers).
However, a major section of Equity’s claim remains unaddressed regarding the use of data to train Artificial Intelligence systems. This could include recorded performances or digital scans.
Equity argues that producers, content owners and third parties shouldn’t be using performers’ data for this purpose without informed consent. But Pact has not responded with adequate contractual assurances on this matter.
Equity General Secretary, Paul W Fleming, said:
While tech companies get away with stealing artists’ likeness or work, and the Government and decision-makers fret over whether to act, unions including Equity are at the forefront of the fight to ensure working people are protected from artificial intelligence misuse.
It is through union-negotiated agreements that set minimum pay, terms and conditions, that we can collectively ensure performers’ AI rights are protected.
So it is disappointing that Pact is still not agreeing to protect our members when it comes to training AI. If bosses can’t ensure someone’s likeness and work won’t be used without their consent, why should performers consent to be digitally scanned in the first place?
This indicative ballot gives Equity members an opportunity to send a clear message to the industry: that it is a basic right of performers to have autonomy over their own personhood and identity.
Nobody wants further instability in our industries ahead of what we hope will be a positive year in 2026. However, with the inadequacy of the deal on the table, Equity has no choice but to recommend members support industrial action. It’s time for the bosses to step away from the brink and offer us a package, including on AI protections, which respects our members.
Featured image by Mark Thomas via Equity
By The Canary
This post was originally published on Canary.