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Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →Outbyte Driver Updater FREEFix the driver behind crashes, sound loss and screen glitchesFind Drivers →Short answer: a traditional image-and-likeness release usually permits specified uses of a performer’s identity as captured in a production—such as name, photograph, recorded performance, likeness or voice. An AI performer clause addresses additional permissions: scanning or ingesting source material, creating a digital replica, altering a performance, deciding where and how that replica may be used, substituting it for future services, and paying for reuse. Those are related permissions, not automatically interchangeable ones.
Whether a particular document is sufficient depends on its wording, the production, the performer’s union status, the governing jurisdiction and whether the performer is living or deceased. California’s 2024 statutes and the 2023 SAG-AFTRA TV/Theatrical framework illustrate the direction of current rules, but neither is a universal rule for every performer or project.
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What a traditional image-and-likeness release normally covers
A conventional release is built around permission to use identity attributes connected with a performance or production. Depending on the form, it may cover a performer’s name, photograph, likeness, voice, biographical details, recorded image, or footage of the performer in a specified project. It often grants the producer rights to edit, reproduce, distribute, advertise, exhibit or otherwise exploit the finished recording in listed media and territories.
The practical question is what the signed text actually authorizes. Some releases are narrow: one production, one campaign, a defined term and named media. Others use broad language such as “all media now known or later developed.” Broad language can be important, but it should not be treated as proof that the document satisfies every AI-specific consent, disclosure, representation or payment requirement. A court, regulator, union agreement or statute may give particular significance to the intended use and the way consent was obtained.
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Capture and use are different permissions
A release may permit a production to photograph, film or record a performer and to use those recordings. That does not necessarily answer whether the producer may create a new synthetic performance from scans, voice samples or footage, or whether it may make the performer appear to do something that was never performed. Those actions can involve a digital replica or a material alteration rather than ordinary editing of captured footage.
What an AI performer clause adds
An AI clause is meant to address the lifecycle of a digital replica or other generated performance. “Digital replica” can include a computer-generated version of a performer’s face, body, voice or combined identity attributes. The clause may also cover material alteration of a recorded performance, even when the starting footage is genuine.
Creation
The agreement should say whether the producer may make scans, models, voice datasets or other source files and use them to generate a replica. It should identify whose materials may be used and whether the permission is limited to the named project.
Intended use
Instead of relying only on a general future-media grant, an AI clause should describe what the replica will do, where it will appear, the relevant media, territory, duration and project. A replica used for a background crowd scene presents a different issue from one that delivers dialogue, performs stunts, endorses a product or appears in a sequel.
Alteration and generation
The clause can distinguish ordinary post-production from generating new action, speech or expression. It may specify whether the performer’s voice can be synthesized, whether dialogue can be generated in another language, and whether the producer may combine the performer’s features with another person’s performance.
Substitution
A critical question is whether the replica may stand in for services the performer would otherwise have provided. Permission to retouch a shot is not the same as permission to replace a future day of work, record new lines without the performer, or use a replica in a later production.
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Side-by-side comparison
| Issue | Traditional release | AI performer clause or rider |
|---|---|---|
| Primary authorization | Use of the performer’s captured image, voice, name or recorded performance. | Creation, alteration and use of a generated replica or synthetic performance, in addition to any captured material. |
| Specificity | May identify a project, media, term and territory; some forms use broad future-media wording. | Should describe the replica’s intended actions, context, media, project, duration and territory with enough detail for informed consent. |
| Consent mechanics | Often a one-time signature covering the release language. | May require clear, conspicuous and informed consent for creation or each covered use, depending on the agreement or law. |
| Substitution | Usually concerns use of footage already captured. | Should state whether a replica can replace future personal or professional services. |
| Compensation | Initial session fee or buyout, with any stated residuals or reuse terms. | May add fees, reuse payments, residuals or other negotiated terms; there is no universal per-use formula. |
| Source data | May address recordings and production materials. | Should address scans, voice files, models, generated assets, retention, access, security and permitted training or derivative use. |
| Coverage | Controlled by the contract, applicable law and any collective bargaining agreement. | Also depends on the production type, union coverage, jurisdiction and whether the performer is living or deceased. |
Why broad “all media” language may not settle the AI question
Technology-neutral wording can cover formats that did not exist when a contract was drafted. However, a digital replica raises a different factual question from distributing a recording: the producer may be making the performer appear to speak, move or endorse something that was not captured. The more a proposed use changes the performer’s contribution, the weaker the assumption that a generic release answers the issue.
Specificity also affects informed consent. A performer deciding whether to authorize a replica needs to know its function, context and reach. A clause that says only “for any lawful purpose” may not tell the performer whether the replica will deliver principal dialogue, be licensed to another company, remain available for a sequel or be used in advertising. The Congressional Research Service’s overview of the 2023 SAG-AFTRA agreement describes consent for a digital replica as “clear and conspicuous” and tied to a “reasonably specific description” of intended use or alteration.
Consent rules: union agreement, state law and contract language
The 2023 SAG-AFTRA TV/Theatrical framework
The 2023 SAG-AFTRA TV/Theatrical agreement is a negotiated framework for covered productions, not a rule governing every performer. SAG-AFTRA’s performer-facing materials say performers have the right to consent to whether a digital replica is used or altered and to receive information about the specific use or alteration before consenting. The union also states that informed consent cannot be hidden in ordinary boilerplate.
The union’s materials address voice as well as visual likeness. A production that seeks only a face scan should not assume that voice rights are included, and a voice-synthesis request should not be treated as a mere audio edit. The agreement’s definitions, notice procedures, compensation rules and covered-production terms control for members within its scope.
California AB 2602
California’s governor announced on September 17, 2024, that AB 2602 had been signed. The announcement describes requirements for certain contract provisions that allow a digital replica to substitute for personal or professional services. It emphasizes reasonably specific intended-use terms and representation by legal counsel or a labor union for covered provisions.
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That announcement is a high-level explanation, not a substitute for the enacted code. Definitions, exceptions, effective dates and the precise contracts covered must be checked in the operative statute. The law should not be generalized to every AI use, every performer or every state.
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California AB 1836 and deceased performers
The same September 17, 2024 announcement describes AB 1836 as addressing commercial use of a deceased performer’s digital replica without estate consent. Postmortem rights can involve different definitions, exemptions and procedures from rights held by a living performer. A producer should identify the applicable estate or successor-interest rules before relying on a release signed during the performer’s lifetime.
Nonunion and non-California productions
For a nonunion performer, the signed contract and the law governing that contract become especially important. Other states may recognize publicity, privacy, contract, labor or postmortem rights differently. Federal legislative proposals discussed in policy materials are not enacted law merely because they have been introduced. A production operating across jurisdictions should obtain advice on which law applies to each intended use.
Compensation: consent does not automatically equal a fixed payment
Consent and compensation are separate questions. A performer may agree to a replica but negotiate a different fee for creation, each episode, each use, a term extension, advertising, a sequel or a transfer to another producer. A contract may provide residuals or reuse payments, while another may provide a buyout. Neither a California statute summary nor a union explanation creates one universal amount for every use.
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Read the payment section together with definitions of “use,” “reuse,” “program,” “season,” “new media,” “advertising” and “derivative production.” Check whether a fee is one-time or recurring, whether it is owed when the replica is created or when it is actually deployed, and whether a new context triggers additional consent and payment. If the contract is silent, do not assume silence means free, unlimited use; obtain advice before signing or deploying the replica.
Substitution is the highest-risk difference to identify
Substitution means using the replica instead of obtaining services from the performer. Examples include generating new dialogue after the performer’s engagement ends, replacing a future call day, creating a stunt performance, or carrying the performer’s character into a later production without a new session. These uses can affect employment opportunities, residuals and the performer’s control over their professional identity.
Ask the producer to state explicitly whether substitution is permitted. If it is, the clause should identify the services that may be replaced, the project and term, who may approve new material, the notice and consent process, and the payment or residual consequences. A clause limited to correcting lip movement or continuity should not silently become a license for a new performance.
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Source scans, models and generated assets
AI negotiations often focus on the final image while leaving the underlying files undefined. A complete review should identify:
- What scans, recordings, measurements, voice samples or other source materials will be collected.
- Who owns or controls those files and any trained model, embedding or rig created from them.
- How long the materials are retained and who can access them.
- Whether the files may be transferred to a vendor, affiliated company or later production.
- Whether they may train a general-purpose system or generate unrelated outputs.
- What happens on termination, withdrawal, destruction request or expiration of the license.
- How security incidents, unauthorized uses and takedown requests are handled.
There is no single universal rule for these data questions in the materials discussed here. They must be answered by the contract, the applicable union agreement and governing law.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.A practical contract-review checklist
Use this issue-spotting list before signing. It is not individualized legal advice.
- Classify the permission. Mark every provision that authorizes capture, ordinary editing, material alteration, replica creation or replica use. Do not treat those verbs as synonyms.
- Describe the intended use. Record the project, character or role, scene or context, media, territory, term, distribution channel and whether the replica speaks, sings, performs action or appears in advertising.
- Address substitution. State whether the replica can replace future personal or professional services, and identify the specific services and productions covered.
- Set the consent process. Identify when consent is requested, how it is recorded, what information must accompany the request, and whether a new use requires renewed consent.
- Write the payment rules. Separate the initial fee from creation, deployment, reuse, residual, sequel, advertising, territory-extension and transfer payments. State whether amounts recur.
- Control data and assets. Cover scans, voice files, models, generated clips, derivative outputs, retention, access, vendors, security and deletion or return.
- Check coverage. Identify the governing law, production type, union agreement and any conflict between the individual contract and a collective bargaining agreement.
- Check status and estate rights. Confirm whether the performer is living, whether a postmortem-right law applies, and who can authorize a deceased performer’s commercial replica.
- Get qualified review. A California entertainment lawyer, talent representative or applicable union can interpret the operative text and negotiate terms for the specific production.
Questions to ask when negotiating an AI rider
What exactly will the audience see or hear?
Request a plain-language description and examples: a background replacement, a face on an existing body, newly generated dialogue, translated speech, a stunt, a singing voice or a fully synthetic scene. “AI use” is too vague to evaluate on its own.
Can another company use the replica?
Ask whether the producer can sublicense, assign or transfer the scan, model or generated asset. A permission granted for one named production should not silently become a general library of performer identities.
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Clarify whether existing episodes may remain available, whether the model must be disabled or deleted, and whether a later release, remake, sequel or advertisement requires fresh consent.
Who approves changes?
Specify whether the performer has approval, consultation or notice rights for new dialogue, altered behavior, political or commercial context, or combinations with other synthetic performers. The answer may be controlled by the union agreement or applicable law.
How the differences appear in real situations
Continuity correction
A producer uses a small digital adjustment to fix a blink or align lip movement in footage already captured. A traditional release may be relevant, but the contract should still be checked for material-alteration language and any union notice requirement.
New dialogue in the same episode
The producer generates a line the performer never recorded. This is a replica or synthetic-performance question, not simply distribution of the original footage. Intended use, consent and payment terms should be identified before generation.
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A studio wants to place the performer’s digital double in a sequel without a new shoot. That raises substitution, term, project, compensation and new-consent issues. A release for the first production should not be presumed to authorize the sequel.
Commercial use of a deceased performer
An advertiser proposes a generated appearance by a performer who has died. Estate consent and postmortem-right rules must be checked, including statutory definitions and exceptions. A lifetime production release may not answer the commercial postmortem question.
Common mistakes and how to avoid them
- Calling every digital edit a replica. Separate routine post-production from generating new identity-based performance.
- Assuming a broad grant defeats all limits. Specific intended-use and representation requirements may apply even when a form says “all media.”
- Treating union guidance as universal law. SAG-AFTRA protections apply within the agreement’s coverage; nonunion and other productions require separate analysis.
- Confusing permission with payment. A signed consent does not establish a single industry-wide fee or guarantee residuals.
- Ignoring voice. A face license may not clearly authorize synthetic speech, singing or accent conversion.
- Leaving the files unaddressed. Scans and models can outlast the production unless retention, access and deletion are written down.
- Overlooking the estate. A deceased performer’s commercial replica can trigger separate postmortem-right rules.
Bottom line for performers and producers
Read a traditional release as permission for the uses it actually describes, and read an AI rider as a separate negotiation over creation, alteration, substitution, data and reuse. The safest clause identifies the replica’s intended function and context, records clear consent, states the payment and reuse rules, controls source materials and names the governing union and law. California AB 2602, AB 1836 and the 2023 SAG-AFTRA framework show why those details matter, but their scope is limited. Verify the operative statute or agreement and obtain qualified advice before relying on any release for a new AI use.
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