The performing arts union Equity has issued a warning of significant direct action against tech and entertainment firms regarding the unauthorized use of its members’ likenesses, images, and voices in AI-generated content.
This alert arises as more members express concerns over copyright violations and the inappropriate use of personal data within AI materials.
General Secretary Paul W. Fleming stated that the union intends to organize mass data requests, compelling companies to reveal whether they have utilized members’ data for AI-generated content without obtaining proper consent.
Recently, the union declared its support for a Scottish actor who alleges that his likeness contributed to the creation of Tilly Norwood, an “AI actor” criticized by the film industry.
Bryony Monroe, 28, from East Renfrewshire, believes her image was used to create a digital character by the AI “talent studio” Xicoia, though Xicoia has denied her claims.
Most complaints received by Equity relate to AI-generated voice replicas.
Mr. Fleming mentioned that the union is already assisting members in making subject access requests against producers and tech firms that fail to provide satisfactory explanations about the sources of data used for AI content creation.
He noted, “Companies are beginning to engage in very aggressive discussions about compensation and usage. The industry must exercise caution, as this is far from over.”
“AI companies must recognize that we will be submitting access requests en masse. They have a legal obligation to respond. If a member reasonably suspects their data is being utilized without permission, we aim to uncover that.”
Fleming expressed hope that this strategy will pressure tech companies and producers resisting transparency to reach an agreement on performers’ rights.
“Our goal is to leverage individual rights to hinder technology companies and producers from binding collective rights,” Fleming explained.
He emphasized that with 50,000 members, a significant number of requests for access would complicate matters for companies unwilling to negotiate.
Under data protection laws, individuals have the right to request all information held about them by an organization, which typically responds within a month.
“This isn’t a perfect solution,” Fleming added. “It’s no simple task since they might source data elsewhere. Many actors are behaving recklessly and unethically.”
Ms. Monroe believes that Norwood not only mimics her image but also her mannerisms.
Monroe remarked, “I have a distinct way of moving my head while acting. I recognized that in the closing seconds of Tilly’s showreel, where she mirrored exactly that. Others observed, ‘That’s your mannerism. That’s your acting style.'”
Liam Budd, director of recorded media industries at Equity UK, confirmed that the union takes Mr. Monroe’s concerns seriously. Particle 6, the AI production company behind Xicoia, claimed it is collaborating with unions to address any concerns raised.
A spokesperson from Particle 6 stated, ‘Bryony Monroe’s likeness, image, voice, and personal data were not utilized in any way to create Tilly Norwood.’
“Tilly was developed entirely from original creative designs. We do not, and will not, use performers’ likenesses without their explicit consent and proper compensation.”
Budd refrained from commenting on Monroe’s allegations but said, “Our members increasingly report specific infringements concerning their image or voice being used without consent to produce content that resembles them.”
“This practice is particularly prevalent in audio, as creating a digital audio replica requires less effort.”
However, Budd acknowledged that Norwood presents a new challenge for the industry, as “we have yet to encounter a fully synthetic actor before.”
Equity UK has been negotiating with UK production industry body Pact (Film and TV Producers Alliance) regarding AI, copyright, and data protection for over a year.
Fleming mentioned, “Executives are not questioning where their data originates. They privately concede that employing AI ethically is nearly impossible, as they are collecting and training on data with dubious provenance.”
“Yet, we frequently discover that it is being utilized entirely outside established copyright and data protection frameworks.”
Max Rumney, deputy chief executive of Pact, highlighted that its members must adopt AI technology in production or risk falling behind companies without collective agreements that ensure fair compensation for actors, writers, and other creators.
However, he noted a lack of transparency from tech firms regarding the content and data used for training the foundational models of AI tools like image generators.
“The fundamental models were trained on our members’ films and programming without their consent,” Rumney stated.
“Our members favor genuine human creativity in their films and shows, valuing this aspect as the hallmark of British productions, making them unique and innovative.”
