SAG-AFTRA – the union that represents 160,000 actors, voiceover artists, and other media professionals – has filed an unfair labor practice charge with the National Labor Relations Board against Llama Productions and Epic Games for using AI to portray Darth Vader in Fortnite.

SAG-AFTRA said it celebrated the rights of artists – such as James Earl Jones’ estate – to use digital replicas, but said Epic Games did so “without providing any notice of their intent to do this and without bargaining with us over appropriate terms.”

“We celebrate the right of our members and their estates to control the use of their digital replicas and welcome the use of new technologies to allow new generations to share in the enjoyment of those legacies and renowned roles,” the organization said.

“However, we must protect our right to bargain terms and conditions around uses of voice that replace the work of our members, including those who previously did the work of matching Darth Vader’s iconic rhythm and tone in video games.

“Fortnite’s signatory company, Llama Productions, chose to replace the work of human performers with A.I. technology,” the statement added. “Unfortunately, they did so without providing any notice of their intent to do this and without bargaining with us over appropriate terms. As such, we have filed an unfair labor practice charge with the NLRB against Llama Productions.”

The filing itself says: “Within the past six months, [Epic Games], by its agents and representatives, failed and refused to bargain in good faith with the union by making unilateral changes to terms and conditions of employment, without providing notice to the union or the opportunity to bargain, by utilizing AI-generated voices to replace bargaining unit work on the Interactive Program Fortnite.”

GamesIndustry.biz has reached out to Epic Games for comment.

SAG-AFTRA voted to strike at the end of July after it failed to reach an agreement with the convenience bargaining group over rights and protection concerns raised by the industry’s exploration of AI technologies.

SAG-AFTRA issued an update about the strike in March, saying it remained “frustratingly far apart” from video game studios and publishers. It came after two Zenless Zone Zero voice actors claimed they had been replaced for participating in the SAG-AFTRA strikes.

Since then, the union has issued two new agreements to permit members to work with students and game jams. Last week, it responded to the “video game employers’ April 30 offer “with a comprehensive AI proposal” detailing “in plain language what the proposed changes would mean for performers.”