Germany's first collective agreement on AI in the film industry

How does the German AI-CBA compare to the SAG-AFTRA agreement?

From an international perspective, the similarities and differences between the German AI-CBA and the SAG-AFTRA agreement in the U.S. are particularly noteworthy. The German film industry has achieved something that other countries only managed after months of strikes. By reaching this agreement, both strikes and a blanket AI ban have been successfully avoided, striking a fair balance between actors' rights while also allowing room for more cost-efficient productions and technological innovation.

Actors worldwide share similar concerns: under what conditions can digital replicas of performers be used, and how should the use of digital "doppelgängers" be compensated? However, the legal landscape differs significantly between Germany and the U.S. In Germany, actors already benefit from strong legal protection, including the right to their own image, copyright protection as "performing artists", and general privacy rights. As a result, the use of digital doppelgängers - when the human performer is recognizable - already requires consent under existing law. The AI-CBA builds on this foundation by introducing detailed clarifications for AI usage in film productions.

As in the SAG-AFTRA agreement, the right to consent to the creation of a digital replica is a core principle of the AI-CBA, regardless of whether the replica is created as part of an employment or independently from pre-existing recorded material. A digital replica is defined as a digital recreation of a performer's voice and/or physical appearance, created using generative AI, which:

- depicts the performer in scenes they did not physically act in and

- creates the impression that the digital replica is the actual performer.

Furthermore, digital alterations are permitted without additional consent if the material remains substantially as scripted or performed, as is the case under the SAG agreement. Non-substantial changes to age, body size, or appearance do not require consent either.

Production companies also benefit from greater legal certainty, particularly regarding AI-supported digital modifications in post-production. The AI-CBA (much like the SAG-AFTRA agreement) clarifies that digital alterations are permitted for purposes such as:

- repairing or enhancing recorded material (e.g., color grading),

- modifying costumes,

- adjusting timing or speed,

- improving continuity,

- reducing noise,

- adding visual effects,

- ensuring compliance with industry standards and ratings

- etc.

Anyone familiar with the SAG-AFTRA guild agreement will immediately recognize the similarities. Apparently, the SAG-AFTRA agreement served, at least to some extent – as a blueprint.

To what extent does the German AI-CBA go beyond the SAG-AFTRA agreement?

While largely aligned, the German AI-CBA differs from SAG-AFTRA in several aspects and, in some cases, is even more producer-friendly.

One of the biggest concerns among actors was that they could lose control over their likeness indefinitely, with their digital doppelgänger replacing them in future productions. To prevent this, the AI-CBA requires separate written consent for the use of a digital replica in any subsequent productions, a separate remuneration agreement, and a clear specification of the intended use of the digital replica. However, producers have greater flexibility than in the U.S. Consent for future projects can be obtained when signing the initial contract and performers must be hired for the follow-up project unless they are unavailable or unwilling to participate. Unlike SAG-AFTRA, producers in Germany can negotiate individual contracts allowing digital replicas without employing the performer for the subsequent production, provided an agreement on the remuneration has been reached. This producer-friendly provision provides German producers with more flexibility than their U.S. counterparts, making the AI-CBA less restrictive.

It is evident that the German agreement is not intended to prevent AI, but rather to regulate its use responsibly. The AI-CBA explicitly acknowledges that digital replicas may benefit all parties involved in certain cases, such as risky stunt scenes, situations where a performer is unable to work due to illness or injury, or artistic reasons. For instance, if an actor in an action-packed crime series breaks a leg during principal photography, a digital double could step in - without requiring additional consent, provided that its use does not significantly exceed the originally agreed-upon scope of participation. From a producers' perspective, this appears to be one of the biggest wins of the AI-CBA, as it avoids costly delays or reshoots.

Remuneration

Much like the SAG-AFTRA agreement, the AI-CBA ensures that performers are entitled to compensation for the creation and use of digital replicas. However, this only applies if the actors are not already entitled to a remuneration for their performance, which may have been replaced by AI.

Compensation is calculated based on 'fictitious shooting days' ("Fiktive Drehtage") - the estimated number of days the actors would have worked had they filmed the scene in person. This estimation is based on objective criteria, such as script-based scene length ("gestoppte Scriptlänge"). The AI-CBA refers to standard per-day actor fees as a guideline but does not equate them directly with the use of digital replicas. Ultimately, compensation must be determined on a case-by-case basis.

Conclusion

The new AI-CBA marks an important milestone in regulating AI in the German film industry. It provides:

• clear guidelines on AI usage,
• a fair balance between actors' rights and production flexibility,
• legal certainty for both performers and producers.

At the same time, this is just the beginning - as AI technology evolves, further adjustments will likely be necessary. The semi-annual evaluation agreed upon by the negotiating parties reflects their awareness of AI’s disruptive potential.

From a business perspective, the AI-CBA offers producers much-needed legal clarity, particularly regarding AI-supported post-production and the use of digital doppelgängers. From a global perspective, it is reassuring that Germany avoided an AI ban, opting instead for a balanced, forward-thinking approach.

That said, this does not mean film and television productions will soon be dominated by AI-generated avatars. High-quality digital motion capture remains costly, and the unique artistry of human performers remains irreplaceable. As the AI-CBA itself states:

"It is above all actors, with their unique ability to bring emotions and stories to life, that give live-action films their emotional depth and authenticity."

In the near future, AI will support film production, but it will not replace the magic of human performance.