Regarding ICDR (Independently Created Digital Replicas):
There are many things that are not covered by an ICDR. Only the things that are specifically mentioned are covered, and must be covered in each section between semicolons, and everything else that isn’t mentioned (or a DR) has no consent, transparency or compensation at all, no coverage on the contract.
For voice actors, that means something that performs as you but was prompted by the character name, or anything other than your name, is not covered.
Movement and facial performance is essentially carved out entirely, for reasons throughout the paragraph, but definitely if they swap your face out for a different likeness.
EX: They could replicate John Wick’s gun-fu directly from the movies, change Keanu Reeves’ face only, and it would not be covered by an ICDR. (“Likeness” refers to your features, not your performance.)
ICDRs, Cont. (2/3):
“Reasonable Description Required”
While there is some information that is required from the employers when they want to make an ICDR of you, they only need to provide that information, “To the extent known at the time of the consent” (that’s actual contract language).
The information requested includes a number of different topics, but does not include the length of the role. So, they are contractually able to ask you to sign up for an ICDR and not tell you the size of the role.
Does that sound “reasonable” to you?
“Covers Replication of You as a Character”
The ICDR is a one-time buyout. As written, after you sign an ICDR contract, you will not get any additional payments, nor will you have any control over how that ICDR is used in the future, unless you somehow negotiated those terms into your ICDR agreement ahead of time using your own leverage as an actor.
ICDRs, Cont. (3/3)
(Yes, It’s THAT Big of an Issue)
“Compensation Required”
Compensation for an IMA ICDR is freely negotiated. This means there is no minimum scale payment, you have to negotiate the rate as an actor individually. In addition, you do not automatically get pension and health contributions for any wages earned under an ICDR, you have to negotiate those terms into your ICDR contract as well.
So, compensation is required, but you only get what you can negotiate based on your individual leverage as an actor.
In the Animation and TV/Film contracts, those ICDRs also do not have scale minimums, but they do have any P&H contributions based on the wages negotiated included automatically.
Usually compensation, P&H, and the ability to withhold your artistry during a strike are guaranteed by a union contract and not left to individual actors to negotiate.
That’s the purpose of a union, to have safe and equitable minimum standards for actors.
Do you feel like you have the power to negotiate these things on your own?
GAI (Generative AI)
“GAI Protections”
Again, if employers prompt along the lines of “X character name saying X line”, even if you are the only person who has played that character and it comes out identifiable as you, it would not be covered. No consent, transparency, or compensation.
California Law AB 2602 only applies if a contract has not been negotiated by a lawyer or a union. Once a new IMA contract is ratified, that will be the protections we get moving forward. There is no other law to protect us yet. There is also no law pending or passed that will cover you in-character.
So let’s discuss this LBFO in detail and some of the discrepancies we’ve seen with some of the information being shared to the public, so that we can all come together and make properly informed decisions moving forward.
#videogames #videogamestrike #letsbeinformed