
Maddie Chang is a student at Harvard Law School.
In today’s Tech@Work, tech-related issues at play in Hollywood strikes bubble up; and footage from Amazon’s in-van surveillance cameras is leaking online.
In an LA Times editorial, columnist Brian Merchant draws the connection between Hollywood strikes and big tech. Merchant argues that two separate Silicon Valley-bred elements have added fuel to the ongoing Writers Guild of America and SAG-AFTRA strikes: the streaming business model, and the specter of AI-generated scripts and performances. Studios have all started emulating Netflix’s business model, including its lack of transparency around viewership. In the old world of network TV, networks disclosed viewership numbers, habits, and ratings, which made it possible for actors and writers to value their work and receive residuals accordingly. In the streaming era, platforms are paying lower residuals to actors and writers than before, and are also refusing to reveal viewership information – leaving workers without the data that would be crucial to negotiating better wages.
Union members’ second tech-related concern stems from the potential to use generative AI to create scripts and on-screen performances. An article in Variety this week highlights how this might play out for background actors in particular. Background actors, or extras, account for up to 32,000 of SAG-AFTRA’s 160,000 person membership and are the lowest paid group within the union. Union members have spoken up about a practice wherein background actors’ images and likeness are scanned and then repurposed in another context without consent or pay (which also inspired a New Yorker satire this week). A background actor quoted in the Variety article asks: “If they have my image, and they can manipulate it any way they want, why do they need to hire me again?” The Alliance of Motion Picture and Television Producers (AMPTP), which represents the studios, has contested this characterization of how they intend to use AI. In any case, background actors are less protected than principal actors. In the union contract, producers must re-negotiate bargains with principal actors if they want to reuse footage. This provision does not cover background actors. At a minimum, the union is pushing for consent and compensation if background actors’ footage is repurposed.
Finally, as reported in Vice, there has been an unexplained uptick in anonymous posting of videos that appear to be from Amazon delivery van surveillance cameras. As the article notes, many of the videos were clearly not posted by the subject of the videos – they are recordings of surveillance footage taken from within Amazon delivery warehouses. When Vice separately reported on consent forms drivers had to sign that would enable biometric surveillance, Amazon clarified that the surveillance cameras were for safety only. But as this recent article points out, the leak of the videos highlights that what begins as a safety feature may take on other monitoring functions. This concern was at play in the recent UPS Teamsters agreement. One of five key demands was for no more driver-facing surveillance cameras in trucks. Teamsters were able to get a concession that ensures that surveillance footage will not be used for disciplinary purposes.
Daily News & Commentary
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August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]