Epic Games’ next problem with Fortnite’s AI Darth Vader is a SAG-AFTRA charge

Epic Games’ introduction of an AI-powered Darth Vader NPC in Fortnite, which uses the voice of the late James Earl Jones, has been a fun addition for players of the battle royale — but more of a headache for the developer. Hours after being implemented, players had already seduced AI Vader to swear, forcing Epic Games to push out a quick update to reinforce the AI’s restrictions and close any loopholes, though by that point some unpleasant clips had already been spread far and wide over the internet.

Yet more trouble connected to the AI Sith Lord has arrived on Epic’s doorstep in the form of an unfair labor practice charge filed by SAG-AFTRA, the union for actors and voice actors that’s currently striking for better protection for its members from having their voices exploited by AI.

The charge filed with the National Labor Relations Board (NLRB) against Llama Productions and Epic Games alleges that Epic Games “failed and refused to bargain in good faith with the union by making unilateral changes to terms and conditions of employment, without providing notice to the union or the opportunity to bargain, by utilizing AI-generated voices to replace bargaining unit work on the Interactive Program Fortnite.”

SAG-AFTRA acknowledged that James Earl Jones gave permission for his voice to be used in this way, stating that “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.”

However, because Darth Vader has been portrayed by other actors in video games in the past – actors who are still alive and available to work – Epic Games was under obligation to negotiate before implementing its AI solution, according to the union.

“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,” SAG-AFTRA stated. “Fortnite's signatory company, Llama Productions, chose to replace the work of human performers with A.I. technology. Unfortunately, they did so without providing any notice of their intent to do this and without bargaining with us over appropriate terms. As such, we have filed an unfair labor practice charge with the NLRB against Llama Productions.”

The confrontation comes at a turbulent moment for both sides: Epic Games’ attempt to return Fortnite to the iOS has been stonewalled by Apple after the developer thought itself victorious, while the support for SAG-AFTRA’s strike from the public and its own ranks has degraded.

DBLTAP has reached out to Epic Games for comment.

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