Performing Arts Union Threatens Mass Direct Action Over AI Content Created From Actors’ Images
Equity, the performing arts union, is now threatening to take mass direct action over tech and entertainment companies that are using their members’ likeness, images, and voices to train and create AI content without permission.
The union stated that they issued the warning after an increasing number of Equity members made complaints over misuse of their personal data in AI material and infringements of their copyright.
Paul W Felming, the union’s general secretary, stated that they’re planning to coordinate mass data requests to the companies so they’re forced to disclose information regarding if they used members’ data in AI-generated material without consent.
The union confirmed they were supporting a Scottish actor that believes her image is being used to create the AI “actor” known as Tilly Norwood, a name that’s been highly discussed in film and media in recent weeks.
The Guardian also reported that the union said Briony Monroe, 28 and from East Renfrewshire, stated she believed her face was used to make Norwood, which was created by the AI “talent studio” Xicoia, which has also denied the claims.
Beyond image likeness, a majority of the complaints Equity has received is from members that are concerned over AI-generated voice replicas.
Fleming stated that the union has been successfully helping members make subject access requests to producers and tech companies which haven’t provided detailed information and explanations regarding what specific data they used to create their AI content.
“The companies actually became very willing to start discussing compensation and usage. So the industry needs to be more careful because it’s not going to stop there,” Fleming stated.
“AI companies need to know that we will be putting in these subject access requests en masse. They have a statutory obligation to respond. If an individual member reasonably believes that their data is being used without their consent, we want to find out.”
“What we’re trying to do is use people’s individual rights to make it so hard for tech companies and producers to not enter into collective rights,” stated Fleming.
The union has around 50,000 members, and Fleming explained that if a significant enough number of them make subject access requests, firms would experience a major “hassle” if they were unwilling to negotiate.
Data protection laws state that individuals have the right to ask for all information an organization holds against them. Those organizations have around one month to reply to subject access requests.
“It’s not a silver bullet. It’s not easy to do because they may well have got data from somewhere else. A lot of people are behaving very recklessly and immorally,” Fleming said.
Regarding her own personal complaints, Monroe stated that Norwood had copied both her image and mannerisms.
“I move my head quite a lot when I’m acting. I noticed in the last few seconds of Tilly’s show reel, that is exactly what she did. Other people have also said, ‘Those are your mannerisms. That’s how you act,’” she said.
Liam Bidd is the industrial official for recorded media at Equity UK. Bidd stated that the union is taking Monroe’s concerns seriously, and that AI production company Particle6, which launched Xicoia, confirmed it was working with the union to address these concerns.
“Briony Monroe’s likeness, image, voice or personal data have not been used in any way to create Tilly Norwood,” a spokesperson for Particle6 said.
“Tilly was developed entirely from scratch using original creative design. We do not and will not use any performer’s likeness without explicit consent and fair compensation.”
Budd stated:
“We’ve had increasing numbers of members getting in touch about specific infringements where they believe that their image or voice has been used without their consent to then create an output which can identify them or resemble them in some way.”
It’s been a lot more common in the audio space because the technology is much easier. You don’t need many recordings to create a digital replica of a voice.”
Equity UK has been in negotiations with the UK production trade body Pact about AI, copyright, and data protection.
“The bosses are not asking questions about where this data has come from. Privately, they will admit that it is impossible to ethically use AI because it has been scraped and trained on data where the provenance is at best unclear.
But nine times out of 10, we know it’s been used completely outside of the existing copyright and data protection framework,” Fleming stated.
Eric Mastrota is a Contributing Editor at The National Digest based in New York. A graduate of SUNY New Paltz, he reports on world news, culture, and lifestyle. You can reach him at eric.mastrota@thenationaldigest.com.