video games

Fortnite's use of AI Darth Vader could have lasting implications for the industry

SAG-AFTRA filed charges today against Fortnite's AI Darth Vader, not because the union doesn't AI or because of the profanity.

Matt Buckley

May 19, 2025 23:53

Fortnite's use of AI Darth Vader could have lasting implications for the industry Source: Fortnite, Developer: Epic.

Today, SAG-AFTRA (Screen Actors Guild—American Federation of Television and Radio Artists), the union behind voice actors in video games, filed an unfair labor practice charge with the National Labor Relations Board against Epic Games-owned Llama Productions. The union shared a statement on its website. SAG-AFTRA represents roughly 2,600 video game actors. Last year, when contract negotiations failed, 98% of union voted to strike against many major video game companies. Earlier this year, negotiations settled on several subjects, but both parties remained “frustratingly far apart” on the subject of AI.

SAG-AFTRA’s unfair labor practice charge against Epic Games will set a precedent

This filing concerns Epic’s recent use of James Earl Jones’s voice in Fortnite, recreated to allow players to have dynamic conversations with Darth Vader. You may have heard about this, given that SAG-AFTRA’s filing is the second controversy surrounding this new feature in the last few days. The internet was ablaze over Fortnite players’ ability to get Darth Vader to use inappropriate language, which apparently has since been patched out.

While AI is undoubtedly a controversial topic concerning art and voice performance, SAG-AFTRA is not against actors agreeing to license their voices for use with AI. James Earl Jones, who voiced Darth Vader in Star Wars media for many years, licensed the use of his voice to Disney in 2022 before he ed away last year. The AI recreation of Jones’ voice was made with permission from his estate, so there is no foul play in recreating an actor’s voice without permission. In its statement about the filing, SAG-AFTRA explained its position on this topic: “We celebrate the right of our 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.”

SAG-AFTRA’s statement continues: “Fortnite’s signatory company, Llama Productions, chose to replace the work of human performers with AI technology. Unfortunately, they did so without providing any notice of their intent to do this and without bargaining with us over appropriate .” In the past, SAG-AFTRA has been very ive of responsibly using AI. Last year, SAG-AFTRA shared the news of its agreement with Replica Studios, a company that helps work with creators to create AI-generated voices. This is far from an organization that is vehemently against AI at all costs.

Unions are formed so that employees can organize and negotiate with their employers. SAG-AFTRA represents the voice actors employed at Epic Games and many other video game companies such as Take-Two Interactive, Insomniac, Activision, Electronic Arts, and more. When important decisions involving employees, in this case, voice actors, the union should have a seat at the table according to contracts. In the case of this Darth Vader replication, while they did have permission from the actor and the estate, the union should have also been granted the opportunity to consent. Chances are they would have, considering their stance on AI and the difficulty of any other actor producing the same content as this AI Darth Vader. But if the union lets Epic Games skip out on including the union in a discussion like this, it sets a dangerous precedent for it and other massive video game companies to do the same.

Over the last few years, the video game industry has seen historic layoffs. Since 2022, an estimated thirty-five thousand developers have lost their jobs, according to a tracker updated by Farhan Noor, a technical artist at Riot Games. As the industry slows down from the pandemic boom, massive publishers who need to show continued growth to investors are constantly searching for expenses to cut. This often falls on the people who actually make the games.

Few video game developers have unions. Just over a week ago, the nearly two thousand employees. The studio still needs to be recognized and form a contract with Microsoft, but if more studios and development teams can follow in these footsteps, it would be a great stride towards change.

We will likely wait a long time for the National Labor Relations Board to review SAG-AFTRA’s unfair labor practice charge. When that does arrive, it will set an enormous precedent. If Epic Games sees no consequences for this, it will embolden large companies to avoid involving employees in discussions about the industry's future. It’s hard to imagine that leading to more actors and developers holding onto their jobs. But hey, we finally got Darth Vader to swear at us in Fortnite. Hopefully, that was worth it.