On May 19, 2025, the Screen Actors Guild‐American Federation of Television and Radio Artists (“SAG-AFTRA”)—the union representing actors, voice artists, and other media professionals—filed an unfair labor practice charge against Llama Productions, a subsidiary of Epic Games, over the use of an AI-generated voice for Darth Vader in Fortnite. The heart of the dispute isn’t the technology itself, but the process: SAG-AFTRA alleges that Llama Productions unilaterally changed employment terms by deploying AI-generated voices without notifying or bargaining with the union.

The controversy centers on the iconic Darth Vader character, whose voice in Fortnite is now generated by an AI model trained on the late James Earl Jones’ voice. Although Jones reportedly signed over the rights to his voice before his death in 2024, SAG-AFTRA argues that Epic Games sidestepped its collective-bargaining obligations by using AI to replace union-covered voice work without negotiation.

This case highlights the growing tension in entertainment over AI’s role in replicating or replacing human performers, especially for legacy characters and posthumous performances. The outcome could set a major precedent for how AI is used in video games and other media, shaping the future of labor rights in the digital age.

At the core of disputes like this is the language found in collective bargaining agreements—particularly in management-rights clauses. The contractual language can either permit or restrict employers from introducing new technologies, such as AI, into the workplace.  The clarity and specificity of these clauses are increasingly vital as technology continues to reshape the workplace.

Photo of Michael Lebowich Michael Lebowich

Michael J. Lebowich is a partner in the Labor & Employment Law Department and co-head of the Labor-Management Relations Group. He represents and counsels employers on a wide range of labor and employment matters, with a particular interest in the field of traditional…

Michael J. Lebowich is a partner in the Labor & Employment Law Department and co-head of the Labor-Management Relations Group. He represents and counsels employers on a wide range of labor and employment matters, with a particular interest in the field of traditional labor law.

Michael acts as the primary spokesperson in collective bargaining negotiations, regularly handles grievance arbitrations, assists clients in the labor implications of corporate transactions, and counsels clients on union organizing issues, strike preparation and day-to-day contract administration issues. He also has significant experience in representation and unfair labor practice matters before the National Labor Relations Board.

Photo of Joshua Fox Joshua Fox

Joshua S. Fox is an associate in the Labor & Employment Law Department and a member of the Sports, Labor-Management Relations, Class and Collective Actions and Wage and Hour Groups.

As a member of the Sports Law Group, Josh has represented several Major…

Joshua S. Fox is an associate in the Labor & Employment Law Department and a member of the Sports, Labor-Management Relations, Class and Collective Actions and Wage and Hour Groups.

As a member of the Sports Law Group, Josh has represented several Major League Baseball Clubs in all aspects of the salary arbitration process, including the Kansas City Royals, San Francisco Giants, Tampa Bay Rays and Toronto Blue Jays. In particular, Josh assisted with the successful representation of the Toronto Blue Jays in their case against All-Star Josh Donaldson, which was the largest club victory in salary arbitration in recent years. Josh also represents Major League Baseball and its clubs in ongoing litigation brought by current and former minor league players who allege minimum wage and overtime violations, as well as similar claims brought on behalf of scouts. Josh participated on the team that successfully defended Major League Baseball in a wage-and-hour lawsuit brought by a former volunteer for the 2013 All-Star FanFest, who alleged minimum wage violations under federal and state law. The lawsuit was dismissed by the federal district court, and was affirmed by the U.S. Court of Appeals for the Second Circuit.

Photo of Shanice Z. Smith-Banks Shanice Z. Smith-Banks

Shanice Smith-Banks earned her J.D. from Loyola University New Orleans College of Law, where she was a Managing Editor of the Loyola University Journal of Public Interest Law and a member of the Trial Advocacy program. As a 3L, Shanice was awarded the…

Shanice Smith-Banks earned her J.D. from Loyola University New Orleans College of Law, where she was a Managing Editor of the Loyola University Journal of Public Interest Law and a member of the Trial Advocacy program. As a 3L, Shanice was awarded the CourtCall Award for her advocacy skills.

Immediately upon graduation from Loyola, Shanice argued a case on behalf of the Loyola Criminal Defense Law Clinic in front of the Louisiana Supreme Court.

Immediately upon graduation from Loyola, Shanice argued a case on behalf of the Loyola Criminal Defense Law Clinic in front of the Louisiana Supreme Court.