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Which rules apply to a film voice replica?
There is no single rule for every film or performer. The relevant protections depend on the applicable union agreement, the contract, the performer’s status, and the jurisdiction. The points below describe SAG-AFTRA’s 2023 TV/Theatrical guidance and California measures summarized by the state; they are not a global legal survey or a substitute for advice on a specific contract.
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SAG-AFTRA’s 2023 TV/Theatrical guidance includes voice actors
The union’s Artificial Intelligence Resources FAQ says the agreement’s digital-replica definitions cover voice as well as likeness. That makes the guidance relevant to a voice actor even when a production is not recreating the performer’s face.
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The 2026 agreement makes the current contract picture important
SAG-AFTRA’s AI developments page reports that a separate 2026 TV/Theatrical agreement was ratified in June 2026 and adds restrictions on synthetic use. The 2023 FAQ should therefore be read as guidance for the 2023 agreement, not as a complete statement of current terms. Check the applicable agreement and its effective dates before relying on any provision for a new production.
Consent: permission to make a replica is not a blank check to use it
The 2023 SAG-AFTRA guidance distinguishes an employment-based replica, created with the performer’s participation in connection with a particular project, from an independently created replica, made outside a particular project and potentially licensed for a project where the performer is not physically working. The origin of the replica does not, by itself, answer what later uses are authorized.
Consent is generally use-specific under the 2023 agreement
The FAQ says consent is required for each use, subject to limited exceptions. If a series producer wants to use a replica across multiple episodes, the producer must identify the episodes and give a reasonably specific description of each use. If the production later wants to use the replica in a way that goes beyond the agreed scope, it must seek renewed consent. This is a negotiated-agreement rule, not a universal requirement for every contract.
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A scan is a separate decision
For the 2023 agreement, the FAQ says a performer must consent to a scan and receive at least 48 hours’ notice before it, or notice at hiring if that is less than 48 hours. A scan captures material used to build or support a replica; permission to undergo one should not be treated as permission for every later performance or reuse.
What a specific permission should make clear
California’s Assembly policy committee analysis of AB 2602 describes the 2023 agreement as generally requiring clear and conspicuous consent in a separate writing alongside a reasonably specific description of intended use. The analysis is useful context for why broad wording can matter, but it is not itself the agreement or a complete statement of law. A performer reviewing a clause should look for clarity on:
- Whether permission covers creating the replica, using it for a performance, or both.
- The project, scenes or episodes, and intended purpose covered.
- Whether the permission allows later edits, new dialogue, dubbing, localization, advertising, or reuse in another production.
- How long the permission lasts and whether it can be transferred or sublicensed.
- What happens if the production changes the intended use or the performer is no longer involved.
Compensation and ownership are separate questions
Under the 2023 SAG-AFTRA FAQ, an employer legally owns materials created from a performer’s work on a motion picture. The union says that ownership does not authorize the employer to use the performer’s digital replica without consent and, in most cases, further payments under the relevant agreement. The FAQ compares these protections with consent and payment for reuse of recorded clips.
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The sources here do not establish a universal fee or per-use rate for film voice cloning. The amount and structure depend on the governing agreement and bargain. When discussing a clause, distinguish compensation for making the replica from payment for each authorized use, reuse, or expanded use; do not assume that an initial session fee settles all future uses.
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California Governor Gavin Newsom’s September 17, 2024 announcement summarizes two different laws. The summary is a useful overview, but precise application depends on the enacted statutes and the facts of the production.
| Measure | What the state’s announcement says | Why it matters to voice cloning |
|---|---|---|
| AB 2602 | Contracts must specify the use of AI-generated digital replicas of a performer’s voice or likeness, and the performer must be professionally represented in contract negotiations. | Relevant to contract terms authorizing a performer’s replica. It does not mean every broad clause is automatically invalid; apply the statute to the actual contract and circumstances. |
| AB 1836 | Commercial use of digital replicas of deceased performers in films, television, video games, audiobooks, sound recordings, and other covered media is barred without prior consent from the performer’s estate. | Relevant when a production proposes a commercial use of a deceased performer’s voice replica in covered media. The estate-consent question is distinct from permission negotiated with a living performer. |
Read the governor’s summary of AB 2602 and AB 1836 alongside the statutes and the particular contract. It is not a complete legal analysis.
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Posthumous use and disclosure are not the same issue
AB 1836, as summarized by California, concerns commercial use of deceased performers’ replicas in covered media and requires prior estate consent. It should not be read as a general rule for every jurisdiction or every noncommercial use.
In a separate September 16, 2026 announcement, the governor described SB 1050 as requiring disclosure when synthetic performers are used in advertisements. The announcement defines a synthetic performer to include an AI-created digital figure, voice, or representation. Its stated scope is advertising; it does not establish a general film-credit or on-screen disclosure requirement. See the California announcement on SB 1050 for that description.
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How to assess a proposed replica clause
For a performer, representative, or producer, the practical question is not simply whether AI is mentioned. Identify the permission being requested, its boundaries, the applicable agreement, and the payment attached to the use.
- Identify the governing framework. Confirm whether the performer and production are covered by a SAG-AFTRA agreement, which agreement applies, and whether the relevant law is California law or another jurisdiction’s law.
- Separate creation from use. Ask whether consent is requested for a scan or replica creation, for a specific generated performance, or for both.
- Define the scope. Name the production and intended uses, including episodes where relevant. Clarify whether later changes, reuse, or licensing require new consent.
- Specify compensation. Identify what payment covers and whether additional payment applies to later uses under the governing agreement or contract.
- Address control over the asset. Ask how replica data and generated material will be handled, who may access or license it, how long it may be retained, and what restrictions apply after the project ends. These are contract questions to negotiate, not universal terms established by the sources cited here.
- Check posthumous and advertising issues separately. For a deceased performer, assess whether the proposed commercial use falls within AB 1836’s covered media and requires estate consent. For an advertisement using a synthetic performer, review the applicable disclosure requirements without assuming they govern film generally.
For a real production, have the applicable union representative or qualified entertainment counsel review the exact language and agreement. A general FAQ cannot resolve whether a particular clause, use, or payment satisfies the rules that apply to that production.
Past vendor deals are not proof of current terms
SAG-AFTRA’s Replica Studios agreement FAQ carries a September 24, 2025 update stating that the specific agreement is no longer in effect. It describes historical terms that addressed safe data storage, transparency about intended use, informed consent, minimum compensation, and pension and health contributions. The former arrangement distinguished development or internal use from licensing and external use in video games. Those details illustrate one past negotiated model; they are not evidence that the agreement or those terms remain available.
SAG-AFTRA’s August 14, 2024 announcement about Narrativ describes an agreement for licensing digital voice replicas in digital audio advertisements, with informed consent, compensation, and individual control requirements. It is an advertising example, not evidence of a film-production service or a rule for film voice cloning.
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