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.

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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.

His broad employment law experience includes handling of race, national origin, gender and other discrimination matters in state and federal court. A significant amount of his practice is devoted to counseling clients regarding the application and practical impact of the full range of employment laws that affect our clients, including all local, state and federal employment discrimination statutes, the Fair Labor Standards Act, the Family and Medical Leave Act, and state labor laws.

Michael has substantial experience in a wide variety of industries, including entertainment, broadcasting, newspaper publishing and delivery, utilities and lodging. He represents such clients as The New York Times, BuzzFeed, ABC, the New York City Ballet, PPL, Pacific Gas & Electric, Host Hotels and Resorts, and The Broadway League (and many of its theater owner and producing members).  Michael also has significant public sector experience representing, among others, the City of New York and the Metropolitan Transportation Authority.

Michael is a frequent guest lecturer at Columbia Business School, the Cornell School of Hotel Administration, the New York University Tisch School for Hospitality, Tourism and Sports Management, and is an advisory board member of the Cornell Institute for Hospitality Labor and Employment Relations.

Photo of Joshua Fox Joshua Fox

Joshua S. Fox is a partner 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 a number…

Joshua S. Fox is a partner 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 a number of Major League Baseball Clubs in all aspects of the salary arbitration process.  Josh also has extensive experience representing professional sports leagues and teams in grievance-arbitration proceedings, and has played a key role in representing professional sports leagues in all aspects of their collective bargaining negotiations with players and officials, including the Major League Baseball, National Hockey League, the National Football League, Major League Soccer, the Professional Referee Organization, and the National Basketball Association.  Josh has also represented teams and arenas in all aspects of labor relations involving labor unions representing arena staff.

In addition, Josh has extensive experience representing clients in the performing arts industry, including the New York City Ballet, New York City Opera, Big Apple Circus, among many others, in collective bargaining negotiations with performers and musicians, the administration of their collective bargaining agreements, and in grievance arbitrations.

Josh also represents a diverse range of clients, including real estate developers and contractors, pipe line contractors, hospitals, hotels, manufacturers and public employers, in collective bargaining, counseling on general employment matters and proceedings before the National Labor Relations Board, New York State Public Employment Relations Board and arbitrators.

Josh also serves as an adjunct professor at Cornell University’s School of Industrial Labor Relations for several years, teaching a course regarding Major League Baseball salary arbitration.

Prior to joining Proskauer, Josh worked for a year and a half at the National Hockey League, where he was involved in all labor and employment matters, including preparations for collective bargaining, grievance arbitration, contract drafting and reviewing and employment counseling. Josh also interned in the labor relations department of Major League Baseball and at Region 2 of the National Labor Relations Board. He was a member of the Brooklyn Law Review and the Appellate Moot Court Honor Society and served as president of the Brooklyn Entertainment and Sports Law Society.