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Before signing, identify the agreement that governs the job, then check separately what the production may capture, create, and do with your digital replica or a synthetic performer. The scope of the permission, how consent can change, compensation, duration, and control of the source material all matter; a broad heading such as “AI rights” does not answer those questions.
Start with the agreement that covers this job
AI terms are not necessarily the same across TV and theatrical work, commercials, interactive projects, other union work, or nonunion contracts. First ask the producer or your representative to identify the governing agreement, your performer category, and the specific clause or sideletter that applies. Then review the language in that document, rather than assuming a rule from another type of production applies.
SAG-AFTRA members ratified the 2026 TV/Theatrical Agreement on June 4, 2026. It took effect July 1, 2026, and is scheduled to expire June 30, 2030. SAG-AFTRA’s 2026 agreement summary and agreement-specific resources are the relevant starting points for covered work. The union’s detailed AI FAQ addresses the 2023 TV/Theatrical Agreement: it can help explain earlier concepts, but its answers should not be treated as the current rule where the 2026 agreement changed the terms.
Separate capture, replica creation, and later use
Read the contract as covering distinct stages, not one all-purpose “AI” permission. A scan or capture can involve your face, body, voice, movement, or other performance or biometric data. Creating a digital replica from captured material is a further step; using that replica to generate new material is another. Permission for one stage does not, by itself, spell out the scope of the others.
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Ask what will be captured and why
Find out what material the production proposes to capture, how the session will be used, and whether the contract explains the purpose. SAG-AFTRA’s June 2026 board announcement says a producer must have an articulable business reason to scan someone for a digital replica. Check the operative agreement for the precise requirements that apply to your job.
Find the boundary on generated performance
Look for what the replica may be made to say or do, and whether the permitted use is tied to a particular project, episode, scene, character, or type of performance. Check the contract and related deal documents for the medium, territory, and duration, where specified. A right to make a replica is not a clear description of every performance the replica may generate.
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Read the permitted-use language and consent process
Ask whether the use description is specific enough to identify what you are authorizing, and what happens if the production later wants to change it. Check whether consent is separately signed or initialed, whether it is distinct from general contract acceptance, and how a new use or material change is approved. If the producer relies on an exception, ask which provision applies and how it affects your consent.
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Under the 2023 TV/Theatrical terms described in SAG-AFTRA’s FAQ, the producer had to provide a reasonably specific description of intended use, and consent was required for each use subject to limited exceptions. The FAQ also described consent as clear and conspicuous. Those are historical terms, not a substitute for checking the 2026 agreement’s current language.
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Work out compensation, residuals, and duration
Do not assume that payment for the original performance automatically resolves payment for scanning, replica creation, or later generated use. Ask the production to identify the applicable compensation terms and how they apply to your performer classification and the authorized use.
- Is scanning time paid, and under what provision?
- What compensation applies to creating the replica and to each permitted use?
- Do rates depend on performer classification, scope, or usage?
- What residual treatment applies to the replica-generated material?
- How long may the replica or generated material be used, and does the permission cover any territory or medium beyond the named project?
SAG-AFTRA’s 2026 summary describes changes to compensation and residual treatment, including provisions concerning independently created replicas. The exact terms depend on the applicable section and performer category, so verify the language that governs your engagement rather than relying on a general summary.
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Check retention, access, security, and transfer
A contract should make it possible to understand what happens to source scans and replica files after capture and after the authorized use ends. Look for the retention period, who may access or use the material, whether it may be transferred to another party, and who remains responsible for compliance if it is transferred. SAG-AFTRA’s 2026 summary addresses digital-replica security and transfer protections; check the operative terms for their scope and application.
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A digital replica and a synthetic performer are not interchangeable. A replica uses or represents a particular performer’s identity or captured material. A synthetic performer may be an AI-created figure used in a human role without being recognizable as a particular natural performer. A contract can address these categories separately.
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Check whether the language authorizes a synthetic performance, uses identifiable features, or allows a synthetic performer to substitute for a human role. SAG-AFTRA’s 2026 materials describe stronger guardrails for synthetic performers and a principle favoring human performance. The union characterized the new terms as further restricting synthetics and adding protection against AI replacing members’ work; that is the union’s description of its negotiated agreement.
Look for provisions relevant to your circumstances
Some protections may depend on who is performing or on the production context. SAG-AFTRA’s 2026 announcement highlights protections involving minors’ replicas and replica use during strikes; the agreement summary also addresses biometric data and other limits. If any of these circumstances apply, ask your representative to identify the specific provision and confirm whether it covers this engagement.
Use legal or union help for unclear language
Ask for revisions or an explanation before agreeing to language that leaves the permitted uses, consent process, compensation, or duration unclear. SAG-AFTRA publishes agreement-specific resources for covered work. For a nonunion contract or a question outside the agreement, a qualified entertainment attorney can assess the wording and applicable law.
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California’s official 2024 summary of AB 2602 says the law restricts certain contract terms allowing a replica in place of personal or professional services unless the intended uses are reasonably specific and the individual is represented by legal counsel or a labor union. That is a state-specific rule, not a universal standard for every contract or jurisdiction; whether it applies depends on the facts and should be assessed with qualified counsel.
Quick Recap
A practical review sequence
- Identify coverage: Write down the agreement, work category, and performer classification that govern the engagement.
- Mark each permission: Separate capture or scanning, replica creation, and generated-performance use in the contract and related documents.
- Define the authorized use: Check the project, role, scene or episode, performance type, medium, territory, and duration where the documents specify them.
- Trace consent and changes: Identify what you sign or initial, what counts as a changed use, whether new consent is required, and any claimed exception.
- Confirm payment: Locate the provisions for scanning, replica creation, use, residuals, and any classification-dependent rates.
- Check control and special cases: Review retention, access, security, transfer, synthetic-performer terms, and any relevant protections for minors or strike conditions.
- Resolve gaps before signing: Ask the union or qualified counsel to explain language you do not understand or cannot reconcile with the production’s description of the intended use.
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