Fortnite's AI Darth Vadar controversy is about getting a fair deal for performers

Not one but two Star Wars AI controversies within a week? First Lucasfilm itself was touting some objectively terrible AI video generation in Star Wars Field Report as the future of VFX. Now Fortnite's being criticised over its AI-voiced Darth Vadar.

The Screen Actors Guild–American Federation of Television and Radio Artists (SAG-AFTRA) has filed an unfair labour complaint over Fortnite's use of AI to recreate the voice of the late actor James Earl Jones after the Sith lord returned to the game as a Battle Royale boss.

The actors union accuses Epic Games' Llama Productions of choosing to "replace the work of human performers with AI technology”. It adds: “Unfortunately, they did so without providing any notice of their intent to do this and without bargaining with us over appropriate terms.”

Jones, who died last year at the age of 93, signed an agreement to allow recordings to be used to recreate his voice for future Lucasfilm projects, and his family granted permission for its use in Fortnite. But SAG-AFTRA says Fortnite’s use of the AI-generated voice was not approved by the union.

It said: “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, 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.”

The issue at stake is not this individual case, but the principles behind the use of AI voice replicas for living performers at a moment where actors remain on strike against a number of game companies, including Llama.

Last week, developers made a final offer that makes some concessions, including dropping the option of one-time payment for unlimited pre-generated content in a game. That would mean that actors who agree to AI-generated digital replicas would receive payment similar to how they would if they provided all original performances.

At the time of writing, Epic Games, which develops Fortnite, had not issued a response to the complaint, but the dispute highlights the intricacies of ongoing ethical, legal and professional issues around the use of generative AI in game design.

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