During the 2023 SAG-AFTRA strike, artificial intelligence was a major component of negotiations, especially in regards to background work. The practice of using body scans—or, essentially, digital cloning—worried actors: Are they being replaced by the advancing technology?
We’ve already seen studios use digital tiling and body scanning for battle scenes in popular productions such as “Game of Thrones” and the Marvel Cinematic Universe. But with AI evolving so rapidly, the technology can now tinker with actors’ faces and even likenesses, altering facial expressions or creating entirely new digital characters.
While AI tools are now more regulated since SAG-AFTRA ratified its contract with the studios in Nov. 2023, this doesn’t mean background actors are completely safe. AI is still advancing and alive within the industry. Background actors must understand the different technologies in order to protect themselves when signing contracts.
To learn more about AI and its impact on background work, we reached out to David Waldron of Waldron Casting to hear his thoughts on the matter. Waldron has helped cast background actors for a number of big-name projects, such as the NBC drama “The Blacklist” and the FX anthology series “American Horror Story” and “Feud.” Here, he shares his insights on what extras need to know about scanning to ensure they stay well-informed and knowledgeable about industry changes.
When asked how AI is changing background work, Waldron says, “It’s hard to say.”
He explains, “I know that the Screen Actors Guild has really started to put provisions around what [productions] can and can’t do, but… when it comes to the nonunion [projects], I don’t know. I’m hopeful that the technology is just not there yet.
“I mean, we’ve seen it with principal actors—with ‘Star Wars’ with Princess Leia [Carrie Fisher]. We’ve seen where they’re able to really bring someone’s age down [so the actor can play] two roles. But I feel like, until they can really pinpoint and streamline that technology, we’ve got some time.
“But I think down the line—yeah, it’s going to impact what the role is for a background actor.”
While Waldron is unsure exactly how AI will change the industry, he does know that scanning is a popular technology that extras should be aware of and understand when signing contracts.
“We’ve seen it in the past, where, for bigger scenes, [editors] will do scanning or filling in, where they’ll kind of paint the background,” he says. “We did an episode of ‘Wu-Tang: An American Saga,’ and it was supposed to be a 5,000-person concert, and I think we only cast 2,500 background [actors]. So I see [scanning] in that kind of situation; but, honestly, I haven’t seen it since the strike [ended].”
Heading into the 2023 strike, background actors were concerned not just with scanning, but also with the fact that they didn’t know where the results might end up. “What if I don’t want to be on ‘MarioVision,’ or ‘SarahVision’?” actor Alexandria Rubalcaba told NPR, detailing her experience being scanned on the set of Disney+’s “WandaVision.” “I fear that AI is eventually going to weed out background actors. They won't have any use for us anymore."
SAG-AFTRA’s new deal with the Alliance of Motion Picture and Television Producers (AMPTP) added a bit of transparency for background actors when it comes to AI. Although your employer still “legally owns all materials created from your work,” they cannot create or use those materials without your “clear and conspicuous” consent.
“[‘Clear and conspicuous’] could mean it is in a separate rider or it could be in your contract as long as it clearly stands out, such as in a larger font, ALL CAPS or bold,” writes SAG-AFTRA. But ‘clear and conspicuous’ is not the only requirement—you have to be given an opportunity to separately sign the consent. A bolded paragraph granting consent, alone, is not sufficient.”
The deal summary also states that producers “will not use background actor’s digital replica to circumvent the engagement of that background actor.”
“Producers cannot use your digital replica to circumvent hiring you or to avoid the background coverage numbers,” the union says. “So if you would have been hired for a week, they cannot just use your replica in place of you to avoid hiring you for that week.”
Even with some guardrails in place, the evolving nature of AI and the complex conversation around what qualifies as consent means actors need to stay vigilant. (Plus, as Waldron notes, these provisions only apply to union projects.) Waldron says to always “speak up and ask questions” if you’re unsure about something listed in a casting notice.
“When you see in a casting [something about] scanning, ask what type of scanning. Ask what it’s going to be used for. You know, if [you’re] playing a pedestrian at a concert or a concertgoer, and they’re scanning [you], [ask if] it’s just going to be used in that episode to fill in the background of, like, a 2,500-person day when there’s only really 1,000 people working. Or is it going to be utilized for promos…or is it going to be utilized for another movie that this production company is doing.”
Waldron adds, “You got to speak up, because if you don’t, you’re getting yourself into trouble.”