Fortnite’s new AI Darth Vader has prompted a formal complaint from SAG-AFTRA over its in-game usage.
The Screen Actors Guild - American Federation of Television and Radio Artists (SAG-AFTRA) has filed an unfair labour practice charge with the National Labor Relations Board (NLRB) against Epic Games and Llama Productions LLC (which is fully owned by Epic Games), after the company released an AI-voiced Darth Vader NPC in Fortnite last week, for the Star Wars-themed Fortnite: Battle Royale Chapter 6 Season 3.
Why is SAG-AFTRA filing a complaint?
According to the complaint filed by the union, Epic Games has allegedly "failed and refused to bargain in good faith" over the past six months. The filing claims that the company made "unilateral changes to terms and conditions of employment" without notifying the union or offering a chance to negotiate. Specifically, it accuses Epic of using "AI-generated voices to replace bargaining unit work on the Interactive Program Fortnite," a move the union argues directly undermines existing agreements.
In layman's terms, the union is saying that Epic Games made big changes to workers' jobs, specifically replacing voice work with AI, without informing the union or giving them a chance to talk about it first.
SAG AFTRA also released a statement regarding the lawsuit on their website, essentially claiming that Epic's use of AI was undermining the work of human SAG-AFTRA members who have previously, or could potentially do work of matching Darth Vader's voice with their own performances.
In the statement, they said that while they “celebrate the right of [their] members and their estates to control the use of their digital replicas and welcome the use of new technologies,” SAG-AFTRA wants to “protect our right to bargain terms and conditions around uses of voice that replace the work of our members.”
Because Llama Productions essentially chose to use the AI voice instead of human voice actors, and “did so without providing any notice of their intent to do this and without bargaining with the union over appropriate terms,” SAG-AFTRA argues that it had to file an unfair labour practice charge against them.
Fortnite added the AI Darth Vader last week, as an NPC character that can join or leave your Fortnite squad and have conversations with players over voice chat in the persona of Darth Vader. The voice used, was an AI replication of none other than the late James Earl Jones, the original voice of Darth Vader, who died in September 2024 at the age of 93.
James Earl Jones and his estate gave permission to replicate his voice through AI
According to a report by Vanity Fair, James Earl Jones signed over the rights to Lucasfilm in 2022 to recreate his voice via Respeecher, an AI innovation developed by a Ukrainian tech start-up. Respeecher first worked with Lucasfilm to bring back Jones’ voice as Darth Vader in the Disney+ Star Wars spinoff series Obi-Wan Kenobi, released that same year.
More recently, as reported by IGN, the AI recreation for Fortnite was also carried out with the blessing of James Earl Jones’s estate. His family stated that "James Earl felt that the voice of Darth Vader was inseparable from the story of Star Wars”, hoping that “fans of all ages to continue to experience it”.
“We hope that this collaboration with Fortnite will allow both longtime fans of Darth Vader and newer generations to share in the enjoyment of this iconic character," they said.
With the charge filed, the next step will be a review by the NLRB, potentially followed by an investigation and hearing if the agency believes the charge has merit, or dismissal if the NLRB believes it does not. In the event that it is determined Epic Games has committed an unfair labor practice, the NLRB can force it to remedy the situation in various ways, such as by potentially hiring an actor to record a voice for Darth Vader, or removing him from the game entirely, or some other penalty.
