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1Clear out junk files and repair common Windows errors2Fix the driver behind crashes, sound loss and screen glitches3Repair Windows errors before they cause bigger problemsThere is no single, universal rule that gives every performer the same control or payment when a studio creates or uses an AI actor. Rights can come from state law, a collective bargaining agreement, an individual contract, and—in the case of a deceased performer—estate authority. A key distinction is whether permission covers only creating a digital replica or also using it for a particular performance or purpose.
What counts as a digital replica?
SAG-AFTRA describes a digital replica as a replica of a performer’s voice and/or likeness created using digital technology. That can involve more than a face: a replica may reproduce a voice, appearance, or both. The relevant agreement or law determines which replicas and uses it covers.
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“AI actor” is a useful shorthand, but it does not identify a particular legal category. A digital replica might be used to generate a new performance, alter existing footage, or appear in advertising. The performer’s rights can differ depending on the use and the rules governing the work.
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Consent may be required, but whether it is—and what the consent permits—depends on the applicable law and agreement. SAG-AFTRA’s 2025 Commercials Contracts summary distinguishes permission to create a replica from informed consent to use it. For use, it says the performer must receive a reasonably specific description of the intended use. Those terms apply to the covered commercials contracts, not automatically to every performer or production.
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Permission to create a replica should not be assumed to authorize every later deployment. A performer reviewing an agreement should check whether approval is limited to making the asset or also covers the performance, project, medium, territory, term, and reuse. Broad or future uses may be treated differently under the governing contract or law.
Can a performer negotiate the terms?
For union-covered work, collective bargaining agreements can set rules for digital replicas and simulated performances. SAG-AFTRA says terms and conditions involving digitally simulated performances must be bargained with the union and describes these rights as a mandatory subject of bargaining. That is a position concerning represented work; it does not mean every performer is covered by SAG-AFTRA or a particular agreement.
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For an individual production, the performer’s contract also matters. Review it alongside the applicable collective bargaining agreement and local law. A useful comparison of terms includes:
- Consent: Does approval cover creation, a specified use, or later and future uses?
- Scope: Which performance, production, media, territory, and time period are included?
- Substitution: Is the replica generating work the performer might otherwise be hired to do?
- Compensation: Are there separate session, holding, use, residual, or reuse payments?
- Credit and control: Does the agreement address attribution, approval, or limits on reuse?
- Applicable rules: Which agreement and jurisdiction govern, and, if the performer has died, who has authority to consent?
Do performers get paid when a replica is used?
Payment depends on the governing agreement and use; there is no general fee formula established here for all performers. SAG-AFTRA reports that under its 2025 Commercials Contracts, using a digital replica to generate a performance triggers 1.5 times the session fee, plus applicable holding and use fees. This is a term of those contracts, not a statutory rate or a payment guarantee for performers outside their coverage.
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What does California law provide?
California has enacted separate laws addressing certain living and deceased performers’ replicas. In its September 17, 2024 announcement, the Governor’s Office said AB 2602 requires specified contracts to state the use of an AI-generated digital replica of a performer’s voice or likeness and requires professional representation in negotiating the contract. The same announcement described AB 1836 as prohibiting certain commercial uses of deceased performers’ digital replicas in specified media without consent from their estates.
Those summaries do not spell out every definition, exception, effective date, or remedy. The exact statutory text and circumstances matter before drawing a conclusion about a particular use. California rules should not be treated as a nationwide standard.
On September 16, 2026, the Governor’s Office announced another California law concerning disclosures on AI-generated advertising and synthetic performers. The announcement available for this article does not establish the precise disclosure trigger, covered media, exceptions, enforcement, or effective date, so those details should be checked in the enacted text rather than assumed.
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Death does not automatically clear a performer’s replica for use. The applicable state law, contract, collective bargaining agreement, and authority of the performer’s estate can all matter. SAG-AFTRA’s 2023 TV/Theatrical resources describe consent by an estate or the union for deceased performers’ replicas in the context of the covered agreement.
In a March 20, 2026 statement about the motion-picture use of Val Kilmer’s digital replica, SAG-AFTRA said the applicable collective bargaining agreement and state law required estate consent. That example illustrates the importance of checking the specific agreement and jurisdiction; it does not establish the rule for every deceased performer or use.
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What should a performer check before signing?
- Identify the governing rules. Confirm whether the work is covered by a collective bargaining agreement, which agreement applies, and which jurisdiction’s law governs.
- Separate creation from use. Look for distinct terms covering capture or creation of the replica and its deployment to generate or alter a performance.
- Define the permitted use. Check the project, purpose, media, territory, term, and whether reuse or future uses require additional approval.
- Read the payment provisions. Determine which fees or residuals apply to replica-generated performances, including any holding, use, or reuse payments.
- Check substitution and attribution terms. See whether the replica may replace work otherwise performed by the actor and whether credit or other limits are specified.
- Get advice on unclear or broad terms. A union, representative, or qualified entertainment attorney can assess how the contract interacts with the applicable agreement and law.
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