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IP & Media Law Updates

| 2 minute read

New SAG-AFTRA 2025 Interactive Media Agreement Approved by Members

On July 9, SAG-AFTRA announced that its members approved the new 2025 Interactive Media Agreement ("IMA") by a vote of 95% in favor. This marks the end of the nearly yearlong strike by video game performers. While the full final agreement hasn’t been published as of the date of this blog, highlights from the 2025 IMA Summary released by SAG in June provide a sneak peek into what we can expect.

As a brief refresher, the IMA governs certain SAG member work in connection with video games, such as voice acting, motion capture, and stunt performance. Signatories to the IMA include some of the largest game companies in the world, like Activision, Electronic Arts, and Disney – just to name a few. For more background on the IMA, check out our prior blog post.

Performer Compensation

The 2025 IMA will provide increased performer compensation, among other added protections. Some important changes include:

  • Increased Wages: All wages are increased by a compounded 15.7%, plus an added 3% annual increase beginning November 2025, November 2026, and November 2027.
  • Overtime: For performers paid at or above double scale, overtime will now be calculated using the double scale rate. Some may qualify for prepayment of overtime based on specific conditions.
  • Health & Retirement: Health and retirement contributions increase by 0.5% (going up to 17% upon ratification, and later 17.5% after October 31, 2026).
  • Digital Replica Compensation: Performers will also receive certain compensation for performances generated by digital replicas of the performer (discussed more below). This ensures compensation to performers where a digital replica is essentially performing services that would have been completed by the performer.  

Artificial Intelligence

Most notably, the 2025 IMA includes entirely new provisions regarding digital replicas of performers and generative artificial intelligence. Key provisions include:

  • Vocal & Visual Digital Replicas: The IMA provides definitions for Vocal and Visual Digital Replicas, which are digital replicas that can algorithmically generate new vocal/visual performances of a performer. Digital Replicas are: (i) created using digital technology, (ii) created using primarily IMA-covered performances, and (iii) can be used independently to create new vocal/visual performances in the place of the performer. 
  • Objectively Identifiable: Digital Replicas must be “objectively identifiable” as the performer, including in the role of any in-game characters. 
  • Usage Reporting: Further, in addition to other requirements, covered game producers will need to provide usage reports detailing how the Digital Replicas have been used in their game.
  • Consent: Performers must consent to the use of their Digital Replica, and producers must provide a “reasonably specific description” of how they intend to use the Digital Replicas. The IMA will set out requirements for how this consent can be properly obtained.

Some Interesting State Law Mirrors

In addition to the ratification of the 2025 IMA, states such as California and New York have recently enacted laws that similarly attempt to protect performers from the creation and use of their digital replicas. These new laws mirror the anticipated 2025 IMA digital replica language in some important ways.

For example, California AB 2602 negates contract provisions regarding the creation and use of digital replicas where: (1) a digital replica would create performances in the place of work the performer would have otherwise performed, (2) there is no “reasonably specific description” of the use of the digital replica, and (3) the performer is not represented by either legal counsel or through a labor union. 

The new IMA and these recent state laws indicate a broader shift toward scrutiny and increased protections against AI-generated likenesses of performers. For game companies in particular, staying informed and current on obligations related to digital replicas and artificial intelligence is more important now than ever.

We're closely following any updates from SAG and state legislatures on this. 

Tags

sag-aftra, union, interactive media, ima, guild, video games, voice actors, motion capture