Darth Vader SAG-AFTRA

Photo Credit: Epic Games

SAG-AFTRA has filed an unfair labor practice charge against Epic Games, alleging that use of AI to voice Darth Vader infringes on the union’s rights.

SAG-AFTRA has released a statement about Fortnite’s use of an AI-powered James Earl Jones Darth Vader voice, claiming the game’s production company, Epic Games’ Llama Productions, infringed on the union’s right to negotiate major changes to its collective bargaining agreement. The union also filed an unfair labor practices charge against the company.

According to the union’s statement, Llama Productions—a signatory to its collective bargaining agreement—made “unilateral” changes to terms and conditions of employment when Fortnite began using an AI-powered Darth Vader voice without notifying the union or giving it a chance to negotiate. SAG-AFTRA argues using this generative AI voice displaces “bargaining unit work,” suggesting actors could have been employed to play the Star Wars character in the game since James Earl Jones’ passing last year.

“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,” wrote the union. “However, we must protect our right to bargain terms and conditions around uses of voices 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,” SAG-AFTRA’s statement continues. “As such, we have filed an unfair labor practice charge with the NLRB [National Labor Relations Board] against Llama Productions.”

Epic Games announced last week that Fortnite players would be able to “recruit and chat” with the Darth Vader character, and that the use of Jones’ iconic voice in the AI model was done “in close consultation” with the late actor’s estate.

But not only does the use of AI run afoul of the union, it’s causing some issues for players too. As the voice of the character is provided not just by AI, but by a generative AI chatbot, players have reported getting it to say all kinds of silly—and sometimes inappropriate—comments.

If you’re under the age of 13, you’re not supposed to talk to Darth Vader without your parents’ permission. If the Darth Vader AI says anything offensive, players are supposed to report it to Epic Games. Reportedly, the AI’s use of swear words has already been patched out. “We pushed a hot fix within 30 minutes of this happening in-game, so this shouldn’t happen again,” said the company.

Notably, SAG-AFTRA members are not forbidden from working on Fortnite during the union’s ongoing Interactive Media Agreement strike. That strike is based on enforcing protections against AI for voice actors in video games. The union’s contract allows performers to work during a strike on titles that were in production prior to a certain date, of which Fortnite qualifies.