The practical rule is agreement-specific: identify the SAG-AFTRA collective bargaining agreement that covers the job, obtain meaningful consent for the particular creation and use of a digital replica, and apply that agreement’s pay, notice, retention and residual terms. A digital replica can reproduce an actor’s likeness, voice, or both, so voice-only work is included.
These protections do not create one universal rule for every performer, employer, AI system or U.S. jurisdiction. The 2023 TV/Theatrical provisions, 2025 Commercials and Audio Commercials agreements, and Interactive Media terms address different work. A live contract or rights dispute should be reviewed with SAG-AFTRA or a qualified lawyer.
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What SAG-AFTRA means by a digital replica
SAG-AFTRA’s “Digital Replicas 101” describes a digital replica as a reproduction of a performer’s voice and/or likeness created with digital technology, including artificial intelligence. “Likeness” is therefore not limited to a finished face on screen. A generated voice can be the protected element even when the performer never appears visually.
The 2023 TV/Theatrical materials separate several situations because the performer’s involvement and the proposed use affect the applicable obligations.
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| Category | What it means | Typical question to resolve |
|---|---|---|
| Employment-Based Digital Replica | A replica made in connection with the performer’s work on a motion picture, often with the performer participating in its creation, such as a scan. | Was the performer told in advance that creation was required, and did they specifically consent to the described uses? |
| Independently Created Digital Replica | A replica made without the performer’s participation and used in a motion picture in which that performer did not work. | Did the producer obtain prior written consent describing the intended use with reasonable specificity? |
| Background Actor Digital Replica | A replica of a background performer covered by the background-actor terms. | Is the replica being used instead of hiring the actor or to evade required background coverage? |
| Synthetic Performer | A wholly digital person that does not resemble a recognizable performer and is not voiced by a person. | Does the synthetic character remain wholly synthetic, or does it begin to resemble an actual performer or use a live performer’s voice? |
If a supposedly synthetic performer resembles an actual performer, replica provisions can apply. If a live performer supplies the voice, that voice performance remains covered. The TV/Theatrical materials also call for notice to SAG-AFTRA and bargaining when a wholly synthetic performer is used; they do not amount to a blanket ban.
Start with the agreement and the field of work
Do not import a TV rate into a commercial, or a tentative Interactive Media term into a ratified agreement. The agreement, the medium, and the stage of the right—creation, use, retention or post-mortem use—determine the rule.
| Work or situation | What the published material establishes | Status or limitation |
|---|---|---|
| 2023 TV/Theatrical and TV Animation | Consent, notice, replica categories, scope limits, background-actor protections and limited expressive-use exceptions. | Apply the language of the specific covered production and performer classification. |
| 2025 Commercials and Audio Commercials | Mandatory consent before creation, informed consent before use, a reasonably specific use description, compensation and retention rules. | These are commercial-agreement terms, not a universal film or television rate. |
| Interactive Media Agreement | The June 2025 announcement described informed consent for AI uses, strike-related suspension of replica consent, minimum payments for replicas made with covered performances, and a 7.5-times-scale minimum for announced “Real Time Generation.” | The announcement said the membership vote was pending. Verify the ratified agreement and later union bulletins before treating any announced figure as the operative schedule. |
| Replica of a deceased performer in a motion picture | SAG-AFTRA said the applicable collective bargaining agreement and state law require estate consent. | Exact rights can vary with the contract, state and facts. |
TV and theatrical: consent is tied to each use
General rule and the multi-project exception
The official TV/Theatrical FAQ says consent is generally required for each use of a digital replica, subject to limited exceptions in the agreement. For an Employment-Based Digital Replica, a producer can use a multi-project consent only when the permission identifies each episode or picture and describes the intended use in each with reasonable specificity.
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Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstallA phrase such as “all future uses” should not be treated as sufficient on its own under these materials. If a later use changes the agreed purpose, project or manner of exploitation, new consent is required. Keep the consent record tied to the exact episode, picture, scene or other use that was described.
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Creating an employment-based replica
When a production will create an Employment-Based Digital Replica, the performer must normally be notified at least 48 hours before services are required. If the performer is hired less than 48 hours in advance, notice is due at engagement. The notice should explain that replica-creation services are required and identify the intended use.
Consent cannot be hidden in boilerplate. The explainer requires clear and conspicuous language, with the performer specifically signing or initialing the relevant section. Time spent scanning or otherwise creating the replica is work time. Compensation can depend on provisions such as Schedule F and guarantee-period scenarios, so there is no single figure that can safely be quoted for every TV or theatrical engagement.
Independently created replicas
For an Independently Created Digital Replica, the FAQ describes prior written consent and a reasonably specific description of the intended use. That requirement matters precisely because the performer did not participate in making the replica and did not work in the motion picture in which it will appear.
The agreement also identifies limited First Amendment-related exceptions involving comment, criticism, scholarship, satire, parody, docudrama and historical or biographical work. Those are contract exceptions with boundaries; an expressive, newsworthy or documentary label does not automatically eliminate the need to analyze the agreement and the facts.
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Background actors have their own protections
SAG-AFTRA’s background-actor FAQ says a producer cannot use a background actor’s replica to avoid hiring that actor or to evade required background-coverage numbers. A replica that substitutes for a covered background performer does not turn the coverage obligation into an optional one.
If a producer wants to use the replica in a different project or in a materially different way from the original consent, the FAQ says consent must be obtained again and the daily minimum paid each time. If the use falls in a field or medium governed by another SAG-AFTRA agreement, that agreement’s minimum wages and residuals may apply.
A conflicting clause printed on a voucher does not, by itself, obtain valid consent. The agreement’s specific notice, disclosure and signature requirements still have to be met.
Commercials and audio commercials: separate 2025 terms
The 2025 Commercials and Audio Commercials agreements use their own consent and compensation framework. SAG-AFTRA’s overview says consent is mandatory before a replica is created, and informed consent is required before it is used. The proposed use must be described with reasonable specificity.
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When a replica generates a commercial performance, the overview states a payment of 1.5 times the session fee, plus applicable holding and use fees. That is a commercial-agreement mechanism, not a rate to apply automatically to television, film, games or every AI voice job.
Performer data also cannot be used to train an AI system without union consent under the overview. For additional commercials, the provisions include a maximum-period-of-use (MPU) rule. After the last commercial’s MPU, continued retention of the replica requires consent; otherwise it must be destroyed. A production should therefore track both where a replica was used and whether the permitted retention period has ended.
Members approved the 2025 Commercials and Audio Commercials contracts by 96.90% to 3.10%, according to the union’s contract page. That percentage records a ratification vote; it is not a statistic about how often replicas are used or how many performers are affected.
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Interactive media: distinguish an announcement from a final schedule
In June 2025, SAG-AFTRA announced board approval of a tentative Interactive Media Agreement deal. The union described informed consent across AI uses, suspension of replica consent during a strike, minimum payments for digital replicas created with covered performances, and a proposed minimum of 7.5 times scale for “Real Time Generation,” such as putting a replica-voiced chatbot into a video game.
The announcement said the membership vote was still pending and that full details would accompany ratification materials. Consequently, the announcement alone should not be used to assert a final effective date, a current payment schedule or the exact scope of every interactive-media use. Check the ratified agreement and subsequent SAG-AFTRA bulletins for operative terms.
Deceased performers: estate consent and state law
For a motion picture using a deceased performer’s digital replica, SAG-AFTRA stated on March 20, 2026, in connection with Val Kilmer, that “The applicable SAG-AFTRA collective bargaining agreement, as well as state law, requires consent from the estate to use a digital replica of a deceased performer in a motion picture.” The union said it understood that the family’s consent had been obtained for the reported production.
That statement addresses the union’s reading of the applicable agreement and law in that context. Estate rights, publicity rights and contract requirements can differ by state and by the facts, so a producer should confirm the jurisdiction and the exact agreement rather than assume one nationwide post-mortem rule.
A practical compliance workflow
- Classify the job. Identify whether it is TV, theatrical, television animation, a commercial, audio commercial, interactive media or another covered field. Confirm the performer’s classification, including background status.
- Classify the replica. Record whether it is employment-based, independently created, a background-actor replica or wholly synthetic. Note whether the performer participated in scanning, recording or other creation work.
- Define every intended use. Write down the production, episode or picture, medium, character, scenes or functions, voice and likeness elements, territories if the agreement requires them, and whether the use is single-project or multi-project.
- Give required notice before creation. For TV/Theatrical employment-based replicas, provide the normal 48-hour notice—or notice at engagement when the performer is hired less than 48 hours in advance. Treat creation time as work time.
- Obtain specific consent. Use clear, conspicuous language and the agreement’s required signature or initials. For independently created replicas, obtain prior written consent with a reasonably specific intended-use description.
- Confirm compensation. Apply the relevant agreement’s minimum, session, holding, use, residual or negotiated additional payment. Do not substitute the 1.5-times commercial session fee or the announced 7.5-times interactive figure for a different agreement.
- Control changes. Before adding a project, episode, commercial, game function or new type of exploitation, compare it with the written scope. Obtain new consent when the use falls outside that scope.
- Track retention and deletion. For commercial work, monitor the maximum period of use and obtain consent for continued retention after the last commercial’s MPU or destroy the replica as required.
- Escalate unusual cases. Ask SAG-AFTRA or qualified counsel about expressive-use exceptions, synthetic performers, estate consent, state-law publicity rights, disputes over vouchers or any use that crosses agreements.
Common mistakes and how to correct them
- Assuming a voice actor is outside the rules: the definition expressly includes voice, so analyze voice-only replication as well as visual likeness.
- Using one perpetual release: TV/Theatrical materials generally tie consent to each use and require specificity for identified multi-project permission. Re-paper a changed use.
- Hiding consent in a standard contract or voucher: use the agreement’s conspicuous, separately signed or initialed language.
- Calling every generated character synthetic: a character that resembles a recognizable performer, or uses a live performer’s voice, can trigger replica protections.
- Using a background replica to reduce coverage: the FAQ says replicas cannot be used to evade hiring or coverage requirements.
- Applying a commercial number everywhere: the 1.5-times session fee belongs to the 2025 commercial framework and includes applicable holding and use fees.
- Treating a tentative interactive announcement as final: verify ratification and later bulletins before relying on a payment or effective date.
- Ignoring post-mortem rights: obtain estate consent where the applicable agreement and state law require it.
What these rules do—and do not—establish
The union materials establish negotiated protections for SAG-AFTRA-covered work. They do not automatically govern nonunion performers, every AI product, every jurisdiction or every use of a person’s identity. They also do not supply one universal compensation table: payment depends on the agreement, replica category, proposed use and stage of the right.
In the 2023 TV/Theatrical ratification, members voted 78.33% to 21.67%. The union’s chief negotiator described the agreements as addressing fair compensation and protection from abusive AI use. That vote percentage, like the commercial vote, is a contract-ratification result rather than a prevalence measure.
When the facts involve a live production, a disputed consent, a changed use, a retained training dataset or a deceased performer, preserve the scripts, scans, recordings, notices, signed consents, payment records and deletion logs. Those documents make it possible for SAG-AFTRA or counsel to match the conduct to the correct agreement and remedy.
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