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An “AI waiver” for an actor is usually a contract clause or rider about making or using a digital replica of the performer’s voice, likeness, or performance. It is not one standard form: the rights it covers depend on the exact wording, the production’s applicable union agreement, and the law that governs the job. A clause may address whether a replica can be created, what it can be used for, how the actor is paid, and how long the replica or source material may be kept.
What does an AI waiver for an actor actually authorize?
The label “waiver” can be misleading. Some agreements seek permission for a specific use; others set conditions and protections around a replica. The document may be called a rider, consent form, or something else. Its title does not determine what rights it grants—the operative terms do.
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SAG-AFTRA’s terminology describes a digital replica as a replica of a performer’s voice and/or likeness made using digital technology. Its framework distinguishes an employment-based replica, created in connection with the performer’s work, from an independently created replica made without the performer’s participation. Those are union-framework definitions, not universal statutory definitions.
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One free scan finds every outdated or missing driver and matches the right update for your exact hardware.Free scan · exact hardware matchA replica may reproduce existing material or generate a performance the actor never physically performed. Read the clause to see whether it covers voice, image or likeness, movement or performance, and any combination of them.
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Why are creating a replica and using it separate permissions?
Permission to capture or process material to create a replica does not necessarily answer whether the producer may use that replica in a particular production, scene, advertisement, or distribution context. SAG-AFTRA’s TV/Theatrical guidance treats creation and use as consent questions and says consent is generally required for each use, subject to limited exceptions. It also says a changed use can require fresh consent.
Under the TV/Theatrical terms described by SAG-AFTRA, consent is to be clear and conspicuous, separately signed or initialed, and tied to a reasonably specific description of the intended use. For an authorized multi-project exception, the guidance says the producer must identify each episode or picture and describe the use in each; going beyond the agreed scope requires new consent. The guidance also describes at least 48 hours’ notice before scanning, or notice at hiring if the actor is hired less than 48 hours beforehand, under the 2023 TV/Theatrical terms.
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Consent does not mean a producer will automatically scan an actor. Nor does employer ownership of materials made in connection with a motion picture, as described in SAG-AFTRA’s TV/Theatrical guidance, by itself settle whether a replica may be used or what consent and payments are due.
What should an actor check before signing?
Read the actual agreement and any attached rider together. Ask for a copy of the intended-use description if it is separate. These are the points most likely to define the practical reach of the permission:
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- What is replicated? Identify voice, likeness, motion, performance, or other source material. Check whether scanning, recording, or model training is covered as creation work.
- What use is allowed? Look for the named project, production, advertiser or product line where relevant, medium, intended performance, distribution, and term. A broad phrase such as “all uses” may leave important boundaries unclear.
- When is consent renewed? Check whether a new project, changed performance, materially different use, or new distribution context needs fresh approval. Do not assume permission for one use automatically covers future uses.
- How is consent recorded? Review whether the agreement requires a separate writing, signature or initials, notice, and a specific description. In the 2025 Commercials Contract bulletin, SAG-AFTRA calls for clear, conspicuous written consent in a Digital Replica Rider or another writing separate from the employment contract.
- What is paid? Check for compensation for creation time, session or use fees, holding fees, residuals, reuse, and additional generated performances. An agreement should make clear which event triggers each payment.
- What edits or portrayals are permitted? Look for limits on changing the actor’s traits or creating nudity or offensive portrayals. The 2025 Commercials Contract bulletin addresses such modifications and distinguishes them from simple edits; do not assume its rules apply to another kind of production.
- Who can access the files? Check security commitments, vendor access, sharing, copying, and whether third parties may use the replica. SAG-AFTRA’s 2025 commercial terms require commercially reasonable efforts to protect against unauthorized access, use, or copying.
- How long can material be retained? Find the retention period, any extension process, and whether deletion covers copies held by vendors. A right to use a replica and a right to keep it indefinitely are separate issues.
- Which agreement and law apply? Confirm the production’s actual collective bargaining agreement and governing jurisdiction. A summary of another contract cannot establish which terms bind this job.
How do the main SAG-AFTRA frameworks differ?
These sources describe distinct frameworks, not interchangeable default rules. The applicable agreement depends on the job. Where a source does not establish a term for that framework, it is marked “not stated” rather than inferred from another contract.
| Framework | What the cited source establishes | What not to assume |
|---|---|---|
| TV/Theatrical SAG-AFTRA guidance on the 2023 terms |
Replica creation and use require consent under the described terms; consent is generally use-specific, with limited exceptions. The source describes separate, clear consent, specific intended-use descriptions, and scanning notice. | The source does not establish that the performer owns the replica or that the producer has unrestricted use. A universal payment rate is not stated in the cited guidance. |
| Commercials SAG-AFTRA bulletin, June 2025 |
Sets contract-specific notice, consent, payment, modification, security, and retention provisions. It specifies 150% of a session fee for each commercial using a replica-generated performance, plus applicable scale holding and use fees. | These rates and protections are not a general actor rate or a default for film, television, or games. |
| Interactive media SAG-AFTRA bulletin, February 2026 |
Identifies digital replicas and independently created digital replicas, including visual and voice types, with a separate consent framework. | The detailed terms of the applicable agreement must be checked; commercial and TV/Theatrical terms should not be imported into an interactive project. |
What does the 2025 Commercials Contract say about payment, notice, and deletion?
The June 2025 SAG-AFTRA Commercials Contract bulletin offers a concrete example, but only for work covered by that contract. It defines a digital replica for that agreement as a computer program using a performer’s voice, image, and/or performance that can independently generate new performances the performer did not previously render.
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For each commercial in which a replica-generated performance is used, the bulletin specifies payment of 150% of the session fee. It also describes the generated performance as if the performer had performed in person for applicable holding and use fees at scale. That is a contract provision, not a universal rate for actors or every AI use.
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1Repair Windows errors before they cause bigger problems2Fix the driver behind crashes, sound loss and screen glitches3Clear out junk files and repair common Windows errorsThe same bulletin sets different notice timing depending on the circumstances, including whether the actor is hired less than 48 hours before the work and whether existing material is used. It describes 48 hours’ notice in the applicable cases and a 24-hour minimum in specified short-hire situations; these are not one blanket notice rule. For a new commercial not yet contracted with the performer, it also describes limits involving the same advertiser and product line and a production-period condition.
For retention, the bulletin permits retaining a replica during the commercial’s maximum period of use. Longer retention requires written consent. If the producer does not obtain consent to retain it, the bulletin requires copies to be permanently deleted within 90 days and deletion to be certified in writing. The bulletin also addresses modification limits and security efforts. Check its actual language for the covered job rather than treating any of these terms as standard across industries.
Does California law ban AI waivers?
No. California Labor Code section 927, added by AB 2602 and effective January 1, 2025, addresses specified provisions in agreements for personal or professional services that would let a digital replica supply a new performance in place of the individual. It is not a nationwide ban or a rule that automatically invalidates every replica clause.
The statute’s enforceability test includes requirements concerning reasonably specific intended uses and representation by counsel or a labor union. It also provides an exception where the replica use is consistent with the services agreement and the fundamental character of the recorded photography or soundtrack. California’s September 2024 announcement separately describes AB 1836 as updating postmortem voice and likeness protections for deceased performers. These are jurisdiction-specific rules; a performer’s circumstances and governing law matter.
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What should an actor do if the clause is unclear?
- Identify the agreement governing the job: for example, the applicable TV/Theatrical, Commercials, or Interactive Media agreement, if any.
- Ask for the complete replica rider and the specific description of the intended use, not just a summary of the clause.
- Request clarification in writing about creation, uses, compensation, changes to the performance, access by vendors, retention, deletion, and when new consent is needed.
- If the scope remains unclear, consult the relevant union or a qualified entertainment lawyer before signing.
SAG-AFTRA’s official TV/Theatrical digital replica guidance, its June 2025 Commercials Contract bulletin, and its February 2026 Interactive Media Agreement bulletin describe their respective contract frameworks. California Labor Code section 927 and the state’s AB 1836 announcement explain the jurisdiction-specific legal context; neither substitutes for reviewing the agreement that applies to an individual job.
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