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Trade union SAG-AFTRA has filed an unfair labour practice complaint with the National Labor Relations Board against Llama Productions and Epic Games.

The filing accused both companies of using AI to portray Darth Vader in Fortnite without proper union agreements. 

SAG-AFTRA acknowledged the rights of artists like James Earl Jones' estate to use digital replicas but criticised Epic Games for using one without notifying the union or negotiating 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 union wrote in a statement. 

“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.

The union further stated that Llama Productions replaced human performers with AI in Fortnite without prior notice of their intent and without bargaining over terms. 

“As such, we have filed an unfair labour practice charge with the NLRB against Llama Productions," read the union's statement. 

Earlier this month, the union responded to video game companies’ April 30th offer with new terms to protect workers from exploitative AI use. 

Their proposals include broader definitions to cover all vocal sounds, tracking performances for fair pay, making secondary payments optional with audits, and opposing limits on how long companies must report performance use, citing long game development times.