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Can a producer use your voice or likeness for AI after you sign? Only the contract, the governing law and any applicable union agreement can answer that for a particular job. Before signing, separate permission to capture your data from permission to use a digital replica, identify every authorized output and scene, and negotiate payment, term, territory, security and remedies in writing.
This guide uses current SAG-AFTRA examples and California law as reference points. They are not universal rules: a different union, a nonunion production, another state or a revised agreement can produce a different result. Treat an unclear clause as a reason to pause and obtain qualified entertainment-law or union advice.
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Start with the four questions that control your risk
Do not begin by asking whether a clause says “AI.” Begin by asking what the producer can capture, what can be generated from it, where the result may appear, and for how long. A clause can authorize a narrow digital double for one scene or a much broader license covering future dialogue, advertising, localization and model training. The title of the clause tells you little without its definitions and payment terms.
- What is captured? List face, body, voice, movement, scans, recordings, performance data and biometric identifiers. Determine whether ordinary production footage or unrelated data is swept into the definition.
- What may be generated? Look for a digital replica, synthetic performer, voice conversion, dubbing, digital alteration, a new scene, new dialogue, a derivative character or training data. Agreements do not use these terms identically.
- What uses are authorized? Identify the project, episode or picture, character, action, media, advertising, localization, territory, term and any later owner or licensee.
- What is paid and when? Separate scanning or creation fees from fees for a generated performance, holding periods, reuse, residuals, media and third-party licensing.
Mark each answer in the contract itself. If a definition or schedule is missing, ask for a written description rather than relying on a producer’s informal explanation.
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A clause-by-clause review you can complete before signing
1. Identify the agreement and the work category
Write down whether the job is television or theatrical, a commercial, interactive media, background work or a nonunion production. SAG-AFTRA protections are negotiated by category; a commercial rider cannot be evaluated by applying a television rule, and a voucher cannot substitute for the consent required by another agreement. Confirm the agreement’s version, effective date and the territory in which the work is made and exploited.
2. Highlight every definition
Search the contract for “digital replica,” “synthetic performer,” “employment-based digital replica,” “biometric,” “training,” “alteration,” “performance,” “voice,” “likeness,” “scan” and “recording.” Read definitions in schedules, riders and exhibits, not just the main employment paragraph. A definition that includes “any data derived from services” may reach motion-capture files, vocal stems, facial scans or metadata that you assumed would be discarded.
Ask whether the clause covers only a recognizable representation of you or also permits a synthetic character that uses your voice or movement as a reference. Ask whether training an internal model, improving a vendor’s model or creating a reusable asset counts as a use of your replica. Do not infer an answer from industry jargon; require the contract to say what the producer means.
3. Separate creation consent from use consent
A scan, voice capture or motion-capture session creates an asset. Permission to use that asset is a separate decision. The producer should explain why the capture is needed, what will be retained and which later uses require approval. SAG-AFTRA’s 2026 TV/Theatrical summary states that producers must have an articulable business reason when seeking consent to scan a performer or background actor for an employment-based digital replica. The quoted rule is agreement-specific and should be checked against the operative text and effective date for your job.
Ask for two clearly identified permissions: one for collecting or creating the replica and another for each permitted exploitation. If the contract combines them, request a split rider or an amendment that preserves your ability to evaluate use after you know the project’s final scope.
4. Demand a concrete use description
“Any purpose,” “in perpetuity” and “all media now known or later devised” are signals for human review, not automatic proof that a clause is invalid. Ask the producer to replace them or qualify them with specific information:
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- the named series, film, commercial campaign or game;
- the episode, picture, campaign or level in which the replica may appear;
- the character, action, scene, dialogue and performance being generated;
- the media, platforms, trailers, publicity and advertising included;
- language dubbing, localization and territory;
- the start and end dates, holding period and post-term treatment;
- whether new scenes, new dialogue or altered performances are permitted; and
- whether vendors, distributors, licensees or successors may access the asset.
Require a process for a materially different use. A description that permits a stunt double in one episode should not silently become permission for a speaking role in a later episode or a separate advertisement.
5. Check how consent is documented
Look for a prominent, separate rider or other writing that identifies the intended use. SAG-AFTRA’s commercials bulletin for 2025 calls for clear and conspicuous consent tied to a reasonably specific description, recorded in a Digital Replica Rider or another writing separate from the employment contract. Uses outside the original description require another description and consent under that bulletin.
Older SAG-AFTRA TV/Theatrical FAQ guidance describes consent as generally required for each replica use, with limited exceptions. It says a series-wide grant is not blanket permission: each episode or picture must be identified, the use described with reasonable specificity and changed uses brought back for consent. That FAQ discusses the 2023 contract, so reconcile its concepts with the ratified 2026 amendments before relying on a particular procedure.
6. Test whether the clause permits AI training
Training language is often separate from performance language. Ask whether your recordings, scans or derived features may be used to train a model; whether the training is limited to the production; whether a vendor may retain the data to improve a general product; and whether the model can generate outputs after your contract ends. If the contract authorizes “development,” “research” or “technology improvement,” ask the producer to state whether that includes model training and whether it creates a reusable asset.
7. Read the alteration and localization provisions
Distinguish editing a recorded performance from generating a new performance. Ask whether the producer may change facial expression, body movement, timing, accent, language, emotional intention or dialogue. The SAG-AFTRA 2026 TV/Theatrical summary describes restrictions on digital alteration beyond what was scripted and consent for use of a replica to dub a performance into another language on the agreement’s effective timetable. Verify the exact effective date and covered work in the operative agreement.
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The categories below illustrate why a headline promise about “AI rights” is not enough. They are agreement-specific examples, not universal rates or rights.
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| Work category | Consent and scope example | Payment or remedy point |
|---|---|---|
| TV/Theatrical | Older FAQ guidance describes consent for each use, episode or picture, with reasonable specificity and renewed consent for changed uses. The ratified 2026 agreement adds protections concerning scanning, alteration, language dubbing, biometric data, minors, security and transfers, subject to effective dates and coverage. | Review the operative agreement for creation, use, residual and transfer terms; the summary does not establish one universal actor rate. |
| Background performers | SAG-AFTRA says a voucher clause alone does not establish valid consent when it conflicts with the applicable agreement. Consent should be clear and conspicuous and describe the replica’s use and medium. | The employer may own materials created from the work, while contractual consent and payment limits still apply. Compensation depends on the use and agreement. |
| Commercials | The 2025 bulletin calls for a separate Digital Replica Rider or other writing, a reasonably specific intended-use description and new consent for uses beyond it. | For a commercial using a performance generated by a digital replica, the bulletin states 150% of the session fee for each commercial, plus applicable holding and use fees under that agreement. |
| Interactive media | The 2025 FAQ says consent is invalidated when use no longer fits the reasonably specific description. | Suspension of consent is limited unless independently negotiated conditions apply; the FAQ describes a strike exception in the circumstances it specifies. It is not a universal withdrawal right. |
Compare offers within the same category and agreement. A commercial’s 150% session-fee provision cannot be used to price a television replica, and a television security clause cannot be assumed to govern an interactive-media vendor.
Calculate every payment trigger
Do not accept “full buyout” as an answer to an AI question. A buyout may cover the original service but leave later generated performances undefined. Create a payment schedule that distinguishes the events below.
| Trigger | Question to ask |
|---|---|
| Capture or scan | Is there a separate session, scanning or data-creation fee? Is the time paid if the scan is taken but never used? |
| Creation of a replica | Does an asset fee apply when the producer or vendor builds the model, even before an audience sees it? |
| Generated performance | Is each generated scene, line, shot, episode or commercial a compensable performance? Does the contract define a minimum or a cap? |
| Holding period | What payment applies while the producer reserves the replica for possible use? |
| Use and media | Are theatrical, streaming, broadcast, advertising, trailers, social clips and localization priced separately? |
| Reuse and extension | What fee is due if the term, territory, campaign or episode count expands? |
| Residuals or reuse payments | Do existing residual formulas apply to synthetic material, or does the rider create a different formula? |
| Third-party licensing | Do you receive payment or approval when the producer licenses the replica or generated asset to another company? |
The 150% session-fee figure in the 2025 commercials bulletin is a useful example of a defined trigger, not an industry-wide actor rate. Confirm that the bulletin covers your engagement and check the applicable holding and use fees before relying on it.
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Ownership and license
Determine who owns the scan, recordings, model weights, reference files and generated outputs. Ownership does not answer every question: a producer may own a material while still being limited by consent, payment and use restrictions. Ask whether your permission is a license, an assignment or a continuing contractual authorization, and whether it is exclusive.
Retention, deletion and access
Specify how long the source files and replica may be retained, who can access them, where they are stored and what happens after the project or term ends. Request deletion or return of material that is no longer needed, subject to records the producer must legally retain. Identify vendors and require them to follow the same limits.
Security and transfer
Ask about encryption, access controls, incident notification and audit or usage reports. The SAG-AFTRA 2026 TV/Theatrical summary describes security safeguards and continuing responsibility for replica protections after a transfer, subject to the agreement’s terms. Do not assume a company sale or distribution deal releases the original producer from those duties; require successor obligations in the contract.
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Sublicensing and model reuse
Limit sublicensing to named parties, named purposes and the same term and territory unless you receive new consent. State whether a vendor may use the asset to improve a general model or create outputs for other customers. If that use is not intended, prohibit it expressly rather than relying on a promise that the vendor “will not misuse” the data.
Understand consent limits, suspension and remedies
Ask what happens if the producer changes the scene, adds dialogue, moves the work to a new medium or wants a new campaign. The contract should identify who requests approval, how much notice is required, what information must be supplied and whether silence counts as consent. Request that silence never be treated as approval unless the agreement clearly and lawfully provides otherwise.
Do not assume a signed consent can always be withdrawn. The SAG-AFTRA interactive-media FAQ describes limited suspension of consent absent independently negotiated suspension conditions, with a strike exception in the circumstances it states. Other agreements may provide different protections. Check grievance, arbitration, injunctive-relief, audit and notice provisions so you know how an unauthorized use is challenged and which deadlines apply.
Keep copies of every version, rider, email and approval. If a producer later asks for a changed use, respond in writing that the request is new and identify the payment and scope questions that remain open.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.California rules add a jurisdiction-specific checkpoint
California’s official summary of AB 2602 says contracts must specify the intended use of an AI-generated replica of a performer’s voice or likeness and that the performer must be professionally represented in negotiating the contract. The same announcement says AB 1836 requires estate consent for commercial use of digital replicas of deceased performers in covered expressive works and recordings.
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Use a decision table when comparing two offers
Score comparable offers on the same work category and agreement. A higher headline fee may be less valuable if it buys perpetual, worldwide reuse with no deletion or approval mechanism.
| Comparison axis | Offer A | Offer B | What a better term looks like |
|---|---|---|---|
| Captured data | Record the exact face, body, voice, movement and biometric scope. | Record the exact scope. | Narrowly defined data tied to the stated performance. |
| Authorized outputs | List scenes, dialogue, alterations, dubbing and training. | List the same items. | No new category appears through a catch-all definition. |
| Project and media | Identify episodes, picture, campaign, platforms and advertising. | Identify the same items. | Specific project and media, with a new-consent process for expansion. |
| Term, territory and transfer | Record dates, countries, exclusivity, retention and successors. | Record the same items. | A finite term, stated territory and binding successor duties. |
| Compensation | Separate creation, generated performance, holding, use, reuse and residuals. | Separate the same triggers. | Each event has a formula and payment date. |
| Security and training | Record vendors, access, deletion, incidents and model training. | Record the same items. | No general-model training or unbounded vendor retention without explicit consent. |
| Remedies | Record approval, suspension, grievance, arbitration and audit rights. | Record the same items. | Clear enforcement route and deadlines. |
Red flags that deserve a pause
- A rider defines your likeness as “all data” but never lists the data collected.
- Scanning consent and exploitation consent appear in one irrevocable paragraph.
- The producer may create “new performances” without describing scenes, dialogue, character or media.
- “All media now known or later devised” is paired with no term, territory or reuse payment.
- Training, research or technology-improvement language has no project limit or deletion rule.
- A vendor or successor may use the replica but is not required to honor the same restrictions.
- The contract treats a voucher or ordinary session signature as consent despite a conflicting agreement.
- There is no procedure for changed use, no payment formula for generated material and no remedy for unauthorized exploitation.
These phrases are prompts for negotiation and legal interpretation. Their effect depends on the full contract, applicable agreement and governing law.
What to negotiate in writing
Ask for a rider that states the exact capture, purpose, project, scenes, media, territory and term. Add separate approval for materially different uses, a payment schedule for creation and each generated performance, limits on training and sublicensing, security and deletion duties, successor obligations, and a contact and deadline for consent requests. If the producer refuses to narrow a broad grant, ask for a higher fee, a shorter term, a restricted territory or an approval right that addresses the added risk.
Have the producer initial changes and attach the final rider to the signed contract. An email summary is useful evidence, but it should not contradict or silently replace the operative agreement.
Get the right reviewer before you sign
SAG-AFTRA members should confirm which agreement covers the job and contact the union when a description is inadequate or appears to surrender AI rights. The union’s TV/Theatrical FAQ advises: “If you are asked to sign a contract with a description you feel is inadequate, please contact the union for assistance.” A nonunion performer should identify the governing state law and retain a lawyer experienced in entertainment contracts and digital-replica licensing.
Give the reviewer the complete contract, every rider, the production’s written use description, compensation schedule, vendor information and any email promise. Ask specifically about scope, consent, payment, retention, transfer, training, withdrawal and remedies. Verify credentials, jurisdiction and any referral relationship before engaging a service; union guidance establishes the value of review but does not endorse a particular provider.
A one-page markup worksheet
- Project: Write the production, episode, picture, campaign or game, agreement category and governing law.
- Capture: List every scan, recording, biometric identifier, movement file and source performance.
- Outputs: List the replica, synthetic character, altered footage, generated scenes, dialogue, dubbing and training uses.
- Scope: Fill in media, platforms, territory, term, advertising, localization and any exclusivity.
- Consent: Mark whether creation and each use have separate, conspicuous written approval and how changed uses are handled.
- Money: Enter the fee for capture, creation, each generated performance, holding, use, reuse, residuals and third-party licensing.
- Custody: Enter owner, licensee, vendors, access controls, retention, deletion, security, audit and successor duties.
- Remedies: Enter suspension or withdrawal conditions, strike provisions, grievance or arbitration steps, notice periods and deadlines.
- Review: Send the completed sheet and the unredacted contract to the union or qualified counsel before signing.
If any line cannot be completed from the contract, that missing information is itself a negotiation item. A producer’s verbal assurance should not be the only protection for a voice, likeness or performance that can be reproduced indefinitely.
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