Protecting Actors from Digital Scans

The Honorable Chuck Schumer
U.S. Senate Majority Leader
Washington, D.C.

August 30, 2023

Dear Senator Schumer,

You are conducting a series of very important “AI Insight Forums” with Artificial Intelligence experts. I am grateful that you outline your vision for how the Senate can harness AI’s potential and protect our society from its potential harms.

The sudden and explosive growth of Artificial Intelligence will have an impact on every part of our lives, especially in our workday lives. We are seeing exponential growth unlike any other technology. It is here to stay, with no stopping it short of literally turning off the Internet; even then, it might find its own way to continue to grow.

I am writing to you as a concerned member of the SAG-AFTRA actors guild. I am, along with many others, deeply worried about the future of my industry — particularly both principal and background acting — and my rights as a performer.

You are aware of the rapid development and proliferation of digital technologies that enable the creation, manipulation, and distribution of digital scans of actors’ faces, bodies, and voices; our appearance, actions, and even images.

You recognize these technologies pose a serious threat to the livelihood, dignity, and autonomy of actors.

Many of us, especially background actors, have been shocked to realize the extent of the manipulation and exploitation of us by producers.

My own personal experience echoes that of many other background actors. On a high-profile job I worked a few years ago for several days, we were suddenly shunted off to “have your picture taken” while returning from lunch, with not much other information other than that if we refused, we would be terminated. This was not anything I had encountered before, nor was it described in any way prior, nor was there any discussion beyond being told to get photographed or get fired. Needing the work and not understanding the nature of the technology, I stepped into the photography area and was fully scanned.

This had not been a discussion among actors — and actors TALK! — because, we now know, none of us knew the breadth and extent of the technology until it was made clear during the announcement of the SAG-AFTRA strike when it was one of the issues the AMPTP had demanded of our union.

Most of us were shocked to learn the extent of digital scanning and the huge expansion beyond our comprehension of how the scanning would and could be used.

We need to work to protect actors from the exploitation of AI replication in our industry.

As principal actors and background actors, we have invested a lot of time, money, and effort into developing our craft and building our reputation. We put in a lot of energy to find each job.

Actors have contributed to the cultural and economic value of the entertainment industry, which is one of the most influential and profitable sectors in our country.

However, we feel that our work and worth are being undermined and exploited by the production companies that use digital scans without our full understanding and without further consent, compensation, or control. These scans are not only used to replace us in certain scenes or roles, but also to create new characters or products built on the resemblance to any one of us.

These scans are also stored indefinitely and reused or resold without our knowledge or permission.

Please consider that this is not only unfair and unethical, but also illegal and unconstitutional. It violates our right to privacy, publicity, expression, and due process.

Unregulated digital scanning also deprives us of the opportunity to earn a fair income from our craft and to participate in the creative process.

It also harms the quality and diversity of the entertainment industry, which relies on the talent and originality of actors and other artists.

Therefore, I urge you to take action to protect the rights and interests of actors and other performers who are affected by these digital technologies.

Specifically, I request that you consider, support, and enact the following ten points to protect actors:

1. Require all digital creations and scans — previous, current, and future — by production companies or affiliates or agencies to be trademarked in the name of the actor at the expense of the production company, in addition to full pay for any digital scanning.
2. Require all production companies or affiliates or agencies to create a blockchain address for every scan — previous, current, and future — irrevocably tied to the trademark of the actor.
3. Require all metadata, including the unique blockchain address and the personal trademark, to be permanently and irrevocably attached to every form of the scans previous, present, and future.
4. Any contractually-required minimum number of background actors for any particular production must be in-person and cannot be offset by digitally created and manipulated scans.
5. Create a residuals payment system for background actors that provides income each time their scan — previous, present, and future — is used in any manner of production.
6. Define the use of any scans previous, present, and future to include any direct or manipulated use of likeness, mannerisms, image, and voice of the actor.
7. Create and maintain a database of all blockchain addresses and associated personal trademarks to use for residual payments and protect the database with superior anti-hacking processes.
8. Require the absolute destruction of every scan for which a trademark in the name of the subject actor cannot be determined and which was obtained under coercion by the threat of job termination.
9. Consider a ruling by the United States Copyright Office declaring that any digital scan of an actor is considered non-copyrightable REGARDLESS of any coercive agreements signed previous, present, or future under threat of the actor losing a job.
10. Consider the United States Congress act upon the individual rights of all performers to have adequate protections, adequate release from any prior coercive agreements, and tracking and remuneration for use.

These measures are necessary and urgent to ensure that actors are treated with respect and dignity, that their work is valued and rewarded, and that their artistic freedom and integrity are preserved. They are also beneficial for the entire entertainment industry, as they will foster innovation, diversity, quality, control, and accountability.

I hope you will consider these demands with seriousness and compassion, and that you will continue to use your power and influence to advocate for the rights of American workers, including actors and other performers who are facing this unprecedented challenge.

I appreciate your time and attention.

Sincerely,

Michael R. Barnard
Studio City CA 91604

CC:

The Honorable Chris Coons, U.S. Senator, Delaware
The Honorable Martin Heinrich, U.S. Senator, New Mexico
The Honorable Mazie Hirono, U.S. Senator, Hawaii
Arati Prabhakar, Director, Office of Science Technology and Policy
The Honorable Mike Rounds, U.S. Senator, South Dakota
The Honorable Marco Rubio, U.S. Senator, Florida
The Honorable Elizabeth Warren, U.S. Senator, Massachusetts
The Honorable Todd Young, U.S. Senator, Indiana