The term avant-garde (literally “advance guard” in French), originally used in a military context to refer to the leading group of troops, was redefined in the cultural realm by the French writer Henri de Saint-Simon. He applied it to artists who, much like the advance guard in battle, position themselves at the forefront of innovation, challenging established norms and paving the way for new forms of expression.

During the 2023 Hollywood labour disputes, this avant-garde tradition in the arts took on a new meaning. Faced with the disruptive impact of artificial intelligence (AI) on their creative work, actors and screenwriters not only defended their rights with simultaneous strikes but also set a historic precedent by addressing the ethical and labour implications of emerging technologies.

Through a united effort, the Writers Guild of America (WGA) and the Screen Actors Guild - American Federation of Television and Radio Artists (SAG-AFTRA) were able to secure historic deals on the use of AI. The agreements they collectively negotiated represent a pioneering response to the growing phenomenon of platformisation and the automation of cultural work.

The artists protested the use of algorithms by studios to generate scripts, as well as the development of digital images and sounds that simulate actors’ performances using deepfake technologies and other generative AI tools.

Hollywood on strike: AI, workers’ rights and pioneering clauses

The WGA strike began on 2 May 2023, with SAG-AFTRA actors joining on 14 July of the same year. Their joint mobilisation marked an unprecedented event in the industry since 1960, when the two unions last went on strike together. The strike concluded on 9 November 2023 with a historic agreement signed between the unions and the Alliance of Motion Picture and Television Producers (AMPTP).

During this period, production in the US came to a near standstill, affecting everything from major Hollywood films to TV series and content for streaming platforms. Negotiations to resolve the conflict were mainly held in Los Angeles, the heart of the entertainment industry.

With support from prominent figures like Meryl Streep, George Clooney, Jennifer Lawrence, Viola Davis and Mark Ruffalo, and under the leadership of Fran Drescher and Duncan Crabtree-Ireland, the unions were able to maintain pressure on the AMPTP, which finally agreed to incorporate clauses to regulate AI and protect workers.

The final agreement reached between the unions and the AMPTP included several innovative provisions aimed at addressing these concerns. One of the most significant clauses stipulates that studios cannot use digitised images, voices or performances of actors without their explicit prior consent. Additionally, it was agreed that any use of digital doubles or synthesised voices must be fairly compensated.

The agreement also stipulates that AI-generated scripts cannot replace human screenwriters in the creative process. If an AI-generated draft is used, writers must be compensated for their revisions and edits, ensuring their active participation and recognition as authors of the final work.

One important innovation was the establishment of an AI monitoring committee, tasked with annually assessing the impact of these technologies on the industry. Composed of representatives of both the unions and the studios, the committee will have the authority to propose updates to the collective bargaining agreement to keep pace with emerging technological developments.

The agreement also addresses the use of AI in the personalisation of content on streaming platforms. While algorithms will remain a key tool, the unions successfully secured provisions ensuring that creative workers will be informed about how their contributions are utilised within these systems, thereby guaranteeing greater transparency and protecting copyright.

According to SAG-AFTRA negotiator Crabtree-Ireland, “this agreement not only establishes essential protections but also sets a precedent for other industries. Workers must have a voice in the integration of emerging technologies that impact their livelihoods”.

At an event on collective bargaining and AI organised by the Brazilian Ministry of Labour and the ILO, Crabtree-Ireland explained the focus on “the right to be informed whenever the employer uses any synthetic artist, especially when it involves copyrights. We want to ensure that human and creative talent have their place”. He believes that it is possible to provide protection for workers and views collective bargaining as a “fundamental instrument with which the working class resists and insists on its demands without giving up gains already achieved”.

Risks in the creative industry

Generative AI tools such as ChatGPT, MidJourney and DALL-E enable the generation of scripts, the creation conceptual images, and the hyper-realistic modification of voices and faces. Platforms like DeepDub already offer AI-driven automated dubbing services, while tools like Runway ML allow for the editing of complex videos with just a few text prompts.

The impact of these technologies is not limited to content creation. Streaming platforms like Netflix and Amazon Prime Video use AI algorithms to analyse consumer data and predict which types of productions are likely to succeed. This shapes creative decisions before the writing process even begins, reducing the autonomy of creators and prioritising products designed to maximise commercial return instead of fostering artistic originality.

In addition, voice actors and dubbing artists face a direct threat from tools such as Respeecher, which can synthesise voices to generate dialogue in multiple languages or modify intonations without any human input. This use of AI puts thousands of jobs at risk and raises ethical questions regarding intellectual property and consent.

A recent report by the International Confederation of Societies of Authors and Composers (CISAC) warns that by 2028, music and audiovisual authors could see their incomes drop by 24 per cent and 21 per cent, respectively, due to the growing impact of generative AI on the cultural industry. These losses would total €22 billion. Meanwhile, the market for AI-generated content is set to skyrocket from €3 billion today to €64 billion by 2028.

Confederation President Björn Ulvaeus argues that, while AI is a powerful tool capable of transforming the industry, its development should not come at the expense of creators’ rights. The organisation is calling for laws that ensure transparency and fair compensation, allowing economic benefits to be shared between tech companies and original artists.

In the music industry, it’s estimated that AI-generated content will make up 20 per cent of streaming platform revenues and as much as 60 per cent of music library revenues by 2028. This shift could have a significant impact on independent songwriters and artists, who depend on platforms like Spotify to distribute their work. Screenwriters and directors are also facing a potential decline of 15 to 20 per cent.

Mobilisations in other sectors

The impact of AI on the creative industry raises a fundamental question: can technological progress coexist with creators’ rights? The strikes in Hollywood and reports like the one from CISAC signal that the sector is prepared to resist the erosion of its human identity.

While AI promises to transform the way that culture is created and consumed, this progress can only be sustainable if the rights of creative workers are protected.

The recent events in Hollywood have resonated beyond the entertainment industry, inspiring workers in other sectors affected by automation and artificial intelligence. A notable example is that of German YouTubers, who, with the support of the IG Metall union, negotiated with platforms like YouTube to secure greater transparency in monetisation algorithms and ensure fairer compensation. This case highlights that collective organising can be effective even in highly digitalised professions.

The cases also underscores the importance of public support and solidarity among workers. The establishment of monitoring committees and flexible clauses offers a model that can be applied in other sectors to ensure that technologies are used in an ethical and equitable manner.

As artificial intelligence continues to transform entire industries, the agreement reached in Hollywood serves as a valuable template for other sectors. From safeguarding labour rights to regulating emerging technologies, this case highlights the power of collective bargaining as a tool for securing workers’ rights in the digital age.