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A free scan shows the junk files, broken settings and background clutter dragging Windows down - then fixes them in one click.Free scan · Windows 10 & 11Short answer: A studio generally cannot scan a covered SAG-AFTRA performer, create a recognizable digital replica, and reuse it however it wants. The union’s TV/Theatrical agreement in force from July 1, 2026, through June 30, 2030, requires specific procedures for covered productions, including an articulable business reason for scanning and stronger consent, compensation, data-security and reuse protections. Those contractual rules do not automatically govern every production or every performer. State statutes, the performer’s contract, the project’s jurisdiction and whether the asset is a recognizable replica or a non-identifying synthetic all change the analysis.
Which rules apply to a particular production?
Start with coverage, not with the technology. The current SAG-AFTRA TV/Theatrical agreement was ratified on June 4, 2026, and runs from July 1, 2026, through June 30, 2030. It covers specified motion-picture, television, streaming and new-media employment performed under the agreement and its signatory relationships. It does not automatically regulate every film, series, commercial, game or performer in the United States.
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A covered performer working for a signatory producer has contractual rights that may be enforceable through the union’s procedures. A nonunion performer may instead rely on an individual contract, publicity or likeness law, privacy law, employment law and the law of the relevant jurisdiction. Those sources can overlap, but none should be assumed to create one nationwide rule for every AI use.
Four questions to establish coverage
- Is the producer and the engagement covered by the SAG-AFTRA agreement?
- Is the asset a recognizable replica of a particular person or a synthetic performer that does not identify a particular individual?
- Does the proposed output reproduce captured work, generate a new performance, or do both?
- What consent, compensation, later-use language, estate authority and governing law apply?
The agreement’s 91.42% “yes” ratification result, with a 19.25% ballot return, describes that union vote. It is not a survey of public attitudes toward AI likenesses and does not prove how often replicas are used.
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Digital replicas and synthetics are different categories
Using “AI likeness” as a single category causes many production mistakes. The agreement distinguishes a digital replica from a synthetic.
| Category | What it means | Typical production question |
|---|---|---|
| Digital replica | An asset that resembles a specific person. | Did the performer authorize this scan, voice, image, movement or other data for this project and purpose? |
| Synthetic | A generated performer that resembles a person but is not recognizable as a specific individual. | Has the producer given notice and followed the bargaining process before substituting a generated performer for human work? |
The distinction is functional, not merely technical. A “generic” face can become recognizable through context, voice, publicity or a combination of attributes. Conversely, a production can generate a new performance from a performer’s captured data even when the final shot looks different from the original capture. Producers should document how they classified the asset and revisit that classification when the use, medium or audience changes.
What the 2026 SAG-AFTRA agreement requires for digital replicas
An articulable business reason before scanning
SAG-AFTRA describes the new agreement as requiring an articulable business reason for scanning. A producer should be able to explain why the scan is needed for the covered production, rather than collecting a performer’s likeness speculatively for an undefined library of future uses. The exact agreement language controls; a vague sentence saying that a producer may use “AI, digital doubles or related technology” should not be treated as sufficient in every circumstance.
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Clear, use-specific consent and compensation
Consent and payment depend on the proposed use. A performer’s authorization for one project, scene, medium or purpose does not automatically authorize a different project, a later season, advertising, merchandising, training data or a new performance generated from the capture. The agreement strengthens consent and compensation protections for creating and using replicas, but the applicable clause and negotiated terms must be read for the specific engagement.
Secure handling, transfer and later control
The agreement addresses secure handling and transfer of replica data. Productions should identify where scans, voice recordings, facial geometry, motion capture and derivative files are stored; who may access them; how vendors are controlled; when copies are returned or deleted; and what happens if the production or vendor changes ownership. Security is not a substitute for consent, and consent is not a license to transfer data without following the contract.
Minors and picket-line restrictions
The agreement includes protections concerning minors’ replicas. A child performer’s scan should therefore be handled as a heightened-consent and safeguarding issue, with the current agreement and applicable law reviewed before capture or reuse. The agreement also restricts use of a replica in circumstances involving crossing a picket line. Producers should obtain labor counsel’s advice before attempting to continue a covered performance through a previously created replica during a dispute.
How synthetic-performer proposals are handled
A synthetic is not automatically free of labor obligations simply because it is not recognizable as a named actor. Under the 2026 agreement, SAG-AFTRA says producers must provide notice and bargain on a strict schedule when a synthetic is proposed. The union may arbitrate alleged violations and seek damages under the agreement.
The “significant additional value” commitment
The agreement records a producer commitment favoring human performance: producers say they do not intend to use a synthetic in a human role that would otherwise be performed by a human unless the synthetic brings significant additional value
. That phrase is a negotiated contractual commitment, not a general statutory test. It does not give every performer a universal veto over every generated character, and it does not bind productions outside the agreement.
For a covered project, the practical question is whether the producer can explain the additional value and complete notice and bargaining rather than presenting the synthetic as an accomplished fact. Keep records of the proposal, the role, the reason for using a synthetic, the bargaining timetable and any resolution.
What performers should check before a scan
- Identify the asset. Ask whether the production is capturing a face, body, voice, movement, performance or a combination, and whether the intended result could identify you.
- Read the purpose. The agreement and contract should identify the project, character or role, media, territory, term and permitted uses. “Any purpose” language deserves legal review.
- Separate capture from use. Permission to create a scan is not the same as permission to use it in finished footage, publicity, advertising, training, a sequel or a different production.
- Confirm compensation. Determine what is paid for scanning, what is paid for each use or reuse, and whether residual or other payments apply.
- Ask about vendors and security. Find out which company receives the files, whether subcontractors can access them, how long they are retained and how deletion or return is documented.
- Address later changes. Require a process for renewed consent and payment when the project, medium, purpose or material use changes.
- Use representation where required. California’s AB 2602 announcement describes contract requirements for specified employment-based replica agreements, including professional representation in negotiation. Its exact scope and statutory language should be checked for the engagement.
SAG-AFTRA’s FAQ on the 2023 terms said background actors generally received at least 48 hours’ advance notice before a scan, or notice at hiring when less time was available, and that a different project or use required clear consent and payment. Those details are historical context; the 2026 agreement may supersede or modify them. Confirm the current clause before relying on a specific notice period.
What producers should document
- Coverage memo: signatory status, performer status, agreement and governing law.
- Business rationale: the production reason for scanning or proposing a synthetic.
- Consent record: project, role, medium, territory, term, purpose, performance inputs and approved future uses.
- Compensation schedule: scan fee, use fee, reuse, residual and any negotiated changes.
- Data map: original capture, derived files, vendors, access permissions, transfers, retention and deletion.
- Change-control process: a trigger for renewed consent and payment when the use expands.
- Labor record: notice, bargaining dates, agreements and any arbitration or dispute resolution.
This documentation does not eliminate legal risk, but it helps show that the producer treated capture, creation, use and reuse as separate decisions instead of assuming one blanket release covered everything.
Background actors, extras and large-scale scans
Mass scanning can create the impression that an individual has no bargaining power. That is not a safe assumption on covered work. The union’s earlier background-actor guidance emphasized advance notice, specific use consent and payment for a different project or use. Because the 2026 agreement is now controlling for its covered term, productions should use its current language and any applicable sideletters rather than copying a 2023 checklist.
For nonunion background performers, the written release matters greatly, but a release still operates within applicable law. A clause that purports to authorize every future commercial, fictional and training use may be challenged or interpreted differently depending on the jurisdiction and facts. Obtain advice before relying on mass releases for identifiable replicas.
California statutes add limited protections
AB 2602 and employment-based replica contracts
California’s AB 2602 announcement describes contract requirements for specified employment-related agreements involving performer replicas, including professional representation in negotiation. The law is not a blanket rule for every AI image, voice or character, and its application depends on the statutory wording, effective date, contract and facts.
AB 1836 and deceased performers
California’s AB 1836 addresses consent by estates for specified commercial uses of deceased performers’ replicas. It does not establish that every use of every deceased person’s likeness requires estate permission in every state. Check whether the use is commercial under the statute, whether the performer falls within its definition and whether an exception applies.
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SB 1050 announcement and advertising disclosure
A September 2026 California announcement describes SB 1050 as requiring explicit disclosure in audio or video advertisements that use AI-generated performers to sell a product or service. That is different from a fictional film or television performance. Verify the enacted statutory text and effective date before treating the announcement as a current compliance instruction, and do not generalize it into a disclosure rule for all AI-generated entertainment.
Deceased performers: the Val Kilmer example
In a March 2026 statement about Val Kilmer, SAG-AFTRA said the applicable collective bargaining agreement and state law required the estate’s consent for the film’s use and reported that the family consented. The example shows how union terms, state law and an estate can intersect. It is not proof of a universal rule for every deceased performer, project or jurisdiction. A production should establish who controls the relevant rights, what the use is, which law applies and whether union obligations also govern.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Decision framework for a proposed AI performance
| Situation | Primary checks | Do not assume |
|---|---|---|
| Living SAG-AFTRA performer, recognizable replica | Coverage, business reason, specific consent, compensation, security and reuse terms. | That a general AI clause covers all later uses. |
| Living nonunion performer, recognizable replica | Written release, publicity/likeness law, privacy and employment rules in the governing jurisdiction. | That nonunion status means no legal protection. |
| Synthetic not recognizable as a person | Whether the project is covered, notice and bargaining, and the human-performance commitment. | That “synthetic” removes all labor obligations. |
| Deceased performer | Estate authority, union agreement, state statute, commercial purpose and jurisdiction. | That estate consent is required or unnecessary everywhere. |
| Existing capture used in a new project | Original consent limits, new project and medium, renewed consent and payment, data transfer. | That possession of the file equals permission to reuse it. |
Common failure modes and fixes
“The actor signed a likeness release, so anything is allowed.”
Why it fails: consent can be limited by project, purpose, medium, term and law. Fix: map each intended use and obtain renewed consent and compensation where required.
“It is synthetic, so no performer rules apply.”
Why it fails: the 2026 agreement includes notice and bargaining procedures for synthetics on covered work. Fix: classify the asset carefully and follow the agreement’s timetable.
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Why it fails: a scan creates valuable biometric and performance data and may later produce an identifiable replica. Fix: state the business reason, access controls, retention period and permitted outputs before capture.
“A California announcement applies to every production.”
Why it fails: the cited statutes have defined scopes and California jurisdictional limits. Fix: read the enacted text, effective date and factual definitions for the specific use.
“A famous example proves the nationwide rule.”
Why it fails: the Val Kilmer matter involved a particular agreement, state law and estate. Fix: treat it as an example of layered consent, not a universal precedent.
What this means for audiences and crews
AI likeness rules are primarily permission, bargaining and data-governance rules, not a single technology ban. They can allow a replica when the production has a covered business reason, obtains specific consent, pays for the agreed use and protects the files. They can also require a different process when a production proposes a synthetic replacement for human work. No reliable official statistic establishes how often replicas are used or their effects on jobs, budgets or audience response, so claims about industry-wide impact should be treated cautiously.
Because the 2026 agreement is new and state legislation is developing, productions should use the current agreement text, sideletters and applicable statutes for each engagement. Performers and producers should obtain individualized advice from qualified entertainment counsel or their union before signing, scanning, transferring or reusing likeness data.
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