Before signing, identify which agreement governs the job and make the contract spell out what may be scanned, what replica or synthetic performance may be created, where and how it may be used, and what consent and compensation apply. A broad “AI rights” clause is not a substitute for those details. SAG-AFTRA’s 2026 TV/Theatrical Agreement took effect July 1, 2026, but its terms do not automatically govern every performer, production, or type of work.
First identify the agreement that covers the job
Ask the producer or your representative to identify the specific collective bargaining agreement or individual contract for the engagement. The rules may differ for covered TV/Theatrical work, commercials, interactive work, other union categories, and nonunion productions. Confirm both the agreement and your performer category; the presence of an AI clause alone does not tell you which protections apply.
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SAG-AFTRA reported that members ratified its 2026 TV/Theatrical Agreement on June 4, 2026. It is effective July 1, 2026, through June 30, 2030, and includes updated digital-replica and synthetic-performer provisions. SAG-AFTRA’s detailed AI FAQ addresses the 2023 TV/Theatrical Agreement. It can help explain earlier concepts, but its answers should not be treated as the current rule where the 2026 agreement changed the subject. For covered work, check the operative agreement and current agreement-specific guidance.
Separate permission to scan, create, and use
Read the clause as a sequence of permissions, not as one all-purpose grant. Capturing your face, voice, body, movement, or other performance or biometric data is a different question from making a digital replica, and both are different from using generated material in a production or later project.
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| Stage | What to establish in the contract |
|---|---|
| Capture or scan | What data or performance elements will be captured, for what stated purpose, and under what applicable agreement terms. SAG-AFTRA’s 2026 board announcement says a producer must have an articulable business reason to scan someone for a digital replica; check the operative agreement for the exact requirements. |
| Replica creation | Whether the producer may create a replica from the scan or other material, what it may represent, and whether the permission is limited to a specific role or engagement. |
| Generated performance and distribution | What new material may be generated and the project, episode, scene, character, media, territory, and duration covered, to the extent the applicable agreement or deal documents specify them. |
Do not assume permission at one stage automatically authorizes the next. A scan can be authorized without settling which outputs may be generated, where they may appear, or how long they may be used.
Check the permitted uses and consent mechanics
Look for a reasonably specific description of the intended use rather than language that gives open-ended rights across productions, roles, or media. Identify whether consent is documented separately, whether you must sign or initial a particular authorization, and what happens if the proposed use changes after signing.
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Under the 2023 TV/Theatrical terms described in SAG-AFTRA’s FAQ, the producer had to provide a reasonably specific intended-use description and obtain consent for each use, subject to limited exceptions; the FAQ also described consent as clear and conspicuous. Those are historical terms, not a complete account of the 2026 agreement. For a current covered job, verify the consent standard and any exceptions in the operative agreement. If a clause claims an exception, ask which provision applies and what use it permits.
Put payment, residuals, and later reuse in writing
Ask how the deal treats time spent scanning, creation of the replica, and each authorized use. Find out whether compensation depends on performer classification or the type of use, and whether residuals apply. The 2026 TV/Theatrical summary describes changes to compensation and residual treatment, including provisions concerning independently created replicas; the exact terms depend on the applicable section and category. Do not infer a rate or residual entitlement from a general summary—check the relevant agreement language and your deal documents.
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Also check whether the initial authorization covers only the named production or permits later reuse, edits, distribution, or use in other contexts. If later uses are allowed, the document should make clear how the applicable consent and compensation rules work for them.
Ask what happens to scans and replica files
Find out how long the source scans and replica materials will be retained, who can access them, what security protections apply, and whether they may be transferred to another company or production. If transfer is permitted, establish who must ensure that the contract’s restrictions continue to be followed. SAG-AFTRA’s 2026 summary addresses digital-replica security and transfer protections; check the actual agreement for the provisions relevant to your engagement.
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Distinguish your replica from a synthetic performer
A digital replica is associated with a particular performer’s identity or captured material. A synthetic performer may be an AI-created figure used in a human role without being recognizable as a specific natural performer. A contract may address these separately, so do not read a replica authorization as the only AI-related term that matters.
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Check whether the deal authorizes a synthetic performance, use of identifiable features, or substitution for a human role, and what limits apply. SAG-AFTRA’s 2026 announcements describe stronger synthetic-performer guardrails and a principle favoring human performance. They also describe protections involving minors’ replicas and replica use during strikes. Which provisions apply depends on the agreement, performer, and production; consult the relevant text rather than assuming every protection applies to every job.
Compare contract versions against the same checklist
If you receive a revised clause or more than one offer, compare the documents point by point. A side-by-side review helps expose a broader grant hidden in a revision, such as longer duration or additional media, even when the heading stays the same.
- Agreement and job category, including your performer classification.
- Separate permissions for capture, replica creation, and generated use.
- Named project, episode, role, scene, and media, where specified.
- Duration, territory, and any permission for later reuse.
- How consent is recorded, when fresh consent is required, and any stated exceptions.
- Payment for scanning, replica creation and use, plus applicable residual treatment.
- Retention, access, security, transfer, and responsibility for compliance.
- Terms addressing synthetic performers, minors, or strike conditions when relevant.
Get qualified advice on broad or unclear language
Ask your union for guidance if the engagement is covered, and consider consulting a qualified entertainment lawyer before accepting a broad grant, unclear exception, or clause you do not understand. California’s official 2024 summary of AB 2602 says the law restricts certain contract terms that allow a replica to be used in place of personal or professional services unless the intended uses are reasonably specific and the individual is represented by legal counsel or a labor union. That is a state-specific rule, not a universal standard for every contract or jurisdiction; whether it applies depends on the facts and should be discussed with qualified counsel.
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