Netflix Dubbing: Actors' Union Against Voice Actors' Association

In the saga surrounding Netflix's attempt to secure the right to use dubbing recordings for AI training purposes, the roles seemed clearly defined until now: On one side was the video streaming service, aiming to acquire synthetic voices, and on the other, the Association of German Voice Actors (VDS), calling for a strike against Netflix, fearing that signing the new agreements would lead to long-term unemployment for its members. The VDS's assessment was supported by an expert opinion commissioned by them from the law firm Spirit Legal, which concluded that central clauses in the new AOR (Assignment of Rights Agreement) regulation, presented by Netflix to its dubbing actors, are invalid or unlawful.

However, a new player has now entered the stage: the actors' union, Bundesverband Schauspiel (BFFS). In a recently published press release, they did not hold back their criticism of the (unnamed) VDS and the legal opinion from Spirit Legal: “On this dubious basis, insecure dubbing actors are currently being pressured to refuse to sign new Netflix contracts. The consequence: they will be recast, lose fees, and also the opportunity to receive additional compensation for successful Netflix productions,” the BFFS statement reads.

The actors' union had previously played a minor role in the dispute. With over 4300 members, the union is not only significantly larger than the VDS, which has fewer than 700 members (not least due to its strictly professional orientation), but it also already reached an agreement with Netflix on the use of AI voices last summer.

According to the BFFS, the agreement negotiated with Netflix forms a legal framework that, in turn, serves as the foundation for future collective agreements. It already stipulates that the use of AI voices is only permissible if the dubbing actors whose work is used for this purpose explicitly and separately consent. This applies even if the AI voice does not resemble an original voice and thus goes beyond the legal protection level.

Harsh Criticism on Both Sides

The reason for the current statement is likely also that the agreement between BFFS and Netflix is mentioned multiple times in the legal opinion commissioned by the VDS. This includes a passage referring to a general clause from the BFFS agreement that also appears in the AOR agreement presented by Netflix to the dubbing actors. Spirit Legal states: “The lack of transparency of this clause, its suitability for undermining the consent requirements in K 3 a ii and iii, and its invalidity under § 307 Abs. 1 S. 2 BGB (see D.III. below) were misunderstood during the negotiation.” This likely led to some inquiries from members to the union.

The actors' union has therefore commissioned copyright expert Prof. Dr. Artur-Axel Wandtke to conduct an expert review of Spirit Legal's opinion. His verdict is unequivocally negative: “Central conclusions of this opinion [by Spirit Legal, editor's note] are based on incorrect legal premises.” Wandtke, on the other hand, evaluates the AI regulation between Netflix and BFFS positively: “Ultimately, it leads to a material and procedural improvement of the legal position of dubbing actors.”

In addition, the BFFS quotes well-known dubbing actors who speak positively about the agreement with Netflix – including Marcus Off, the German voice of Johnny Depp (“Without the BFFS contract with Netflix, there would be no AI rules with Netflix, no follow-up fees, and no protection against arbitrary AI use.”) and Ricardo Richter, the German voice of Josh Hutcherson (“The AI rules negotiated by the BFFS give me security. Creating solutions here is pioneering work. And I am glad that my union is taking on this task.”).

For the BFFS, the conclusion is clear: “The assumption that the use of AI can be prevented or reversed through boycotts and blockades is short-sighted and will lead to unforeseeable disadvantages for the dubbing industry.”

(nij)