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A traditional image-and-likeness release usually covers permission to use a performer’s identity as captured in a production. An AI performer clause addresses additional permissions: creating a digital replica, altering it, deploying it in specified contexts, substituting it for future services, and handling payment, reuse, and source data. A broad conventional release should not be assumed to satisfy every AI-specific legal or union requirement. The controlling answer depends on the contract’s wording, the production, the performer’s union status, the jurisdiction, and whether the performer is living or deceased.
What each type of release actually authorizes
The key difference is not the label on the document. It is the action the document permits.
Traditional image-and-likeness release
A conventional release commonly gives a producer permission to record and use a performer’s name, image, likeness, voice, performance, or other identity attributes in connection with a defined production. The authorization may cover theatrical release, television, advertising, promotional material, publicity, archival use, or other media listed in the contract. Some forms use broad language that extends across media, territories, or future exploitation.
That permission generally concerns the footage, recording, photograph, or performance that was captured. It may also allow editing, dubbing, cropping, compositing, or other ordinary post-production changes, depending on the wording. None of those assumptions automatically answers whether the producer may train a system on the source material, generate new words or movements, create a synthetic voice, or use a digital double when the performer is not present.
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AI performer clause or digital-replica rider
An AI-specific clause deals with a generated or materially altered representation of the performer. It should identify whether the producer may scan the performer, record training material, create a voice or likeness model, generate new performances, alter an existing performance, or use an already-created replica. It should also describe what the replica will do, where it will appear, for how long, and whether it can stand in for services the performer otherwise would have provided.
Those are separate permissions even when they appear in the same contract. A clause can authorize capture without authorizing later generation; authorize a replica for one scene without authorizing advertising; or authorize use in a named project without authorizing unrelated sequels, games, or training datasets.
Traditional release versus AI clause: the practical comparison
| Issue | Traditional release | AI-specific clause |
|---|---|---|
| What is authorized | Use of recorded footage, photographs, audio, or a performance, subject to the release language. | Creation, alteration, storage, generation, and use of a digital replica or synthetic performance. |
| Intended use | May identify a production or use broad media and promotional rights. | Should describe the replica’s function, scene or context, media, project, duration, and other material limits with useful specificity. |
| Consent mechanics | Often signed once as part of the production agreement. | May require clear, conspicuous, informed consent and information about the particular use or alteration under an applicable union agreement or law. |
| Substitution for services | May not address replacing a performer who would otherwise work. | Should state whether the replica can replace future personal or professional services and what approval, representation, or limits apply. |
| Compensation | Usually sets an initial fee and any ordinary reuse, residual, or bonus terms. | Must address payment for creation, use, reuse, alterations, residuals, or other applicable amounts; there is no universal per-use formula. |
| Source material and data | May cover possession and use of ordinary production recordings. | Should address scans, voice samples, models, prompts, generated assets, retention, access, security, deletion, and whether material can train other systems. |
| Coverage | Controlled by the contract, governing law, and any applicable collective bargaining agreement. | Also depends on the specific AI activity, production type, union coverage, jurisdiction, and whether the performer is living or deceased. |
The table describes issues to examine, not a universal legal test. The actual wording and applicable law control.
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Older releases often use expansive phrases such as all media now known or later developed, perpetual rights, or any manner of exploitation. Such language may be relevant evidence of intent, but it does not automatically establish that the performer knowingly agreed to a digital replica, a synthetic voice, a new generated performance, or substitution for services. A court, regulator, union agreement, or statute may require more specific consent for a particular activity.
Specificity matters because an AI use can change the nature of the performance. A producer might capture a short facial scan, then generate dialogue, expressions, or movements that the performer never supplied. The legal and contractual question is not merely whether the final image resembles the performer; it is whether the document authorizes the steps used to create and exploit that result.
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The six questions an AI clause must answer
1. Is the document authorizing capture, creation, alteration, or use?
Look for separate verbs. Capture may include scanning a face or recording voice samples. Creation may include building a model or replica. Alteration may include changing a recorded performance or inserting synthetic elements. Use may include displaying the replica, generating new material, licensing it, or placing it in advertising. A clause that addresses only one of these actions should not be read as covering the others without analysis.
2. What exactly will the replica do?
A useful description identifies the character or role, scene, lines, movements, language, emotional range, and whether the output is a digital double, a voice clone, facial replacement, body replacement, or another form of generated material. The description should also say whether the replica is used only to complete the performer’s existing work or may perform entirely new work.
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Check the named project, distribution channels, territory, term, advertising uses, promotional clips, and future versions. A permission for one film is not necessarily permission for a spin-off, game, social-media campaign, or unrelated commercial. If the contract allows later uses, identify the approval process and any additional payment.
4. Can the replica substitute for the performer?
This is different from using a replica to correct a shot the performer already completed. Substitution language may let a production obtain new scenes, extend a role, or avoid hiring the performer for work that would otherwise have been performed personally. The clause should state when substitution is permitted, whether the performer must receive notice or approve it, and how compensation is calculated.
5. What consent is required for each new use?
Determine whether one signature covers all listed uses or whether a new use, material alteration, sequel, campaign, or licensee requires renewed consent. The consent record should identify the intended use clearly enough that the performer can understand what is being authorized. Under the 2023 SAG-AFTRA TV/Theatrical framework, the Congressional Research Service describes consent for creation or use of a digital replica as clear and conspicuous and the intended-use description as reasonably specific. SAG-AFTRA’s performer materials likewise say performers should receive information about the specific use or alteration before consenting and that informed consent should not be buried in standard contract language.
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6. What happens to the source data and generated assets?
Ask who owns or controls scans, voice recordings, facial maps, model weights, prompts, renders, and unused takes. The contract should address access, security, retention, deletion, subcontractors, licensees, and whether the material may be used to train another model or generate a different character. The reviewed legal and union materials do not establish one universal rule for these data questions, so the contract must be read closely rather than relying on an assumed industry standard.
Consent is separate from compensation and reuse
A performer can agree to a use without agreeing to every payment consequence, and a payment clause does not by itself prove valid consent to a particular replica. Review these issues independently:
- Creation payment: the amount for scanning, recording samples, or building the replica.
- Use payment: compensation when the replica appears in the specified production or media.
- Reuse and extensions: additional amounts for new territories, platforms, campaigns, sequels, edits, or longer terms.
- Residuals or royalties: payments required by an applicable collective bargaining agreement or negotiated contract.
- Alteration or substitution: compensation when the replica performs new material or replaces services.
- License revenue: treatment of payments if the producer licenses the replica or model to another entity.
There is no universal rule that every digital-replica use earns a fixed amount per appearance. Minimums, residuals, reuse payments, and additional-consent triggers depend on the governing agreement, production category, jurisdiction, and negotiated terms.
What the 2023 SAG-AFTRA framework changes
The 2023 SAG-AFTRA TV/Theatrical agreement is a negotiated framework for covered performers and productions. It is not a rule for every performer, every employer, or every kind of media.
The Congressional Research Service’s legal overview places the agreement’s digital-replica protections alongside state laws and federal proposals. For covered work, it describes a requirement for clear and conspicuous consent to create or use a digital replica and a reasonably specific description of the intended use or alteration. SAG-AFTRA’s own performer-facing materials state that performers have the right to consent to whether a digital replica is used or altered and to receive information about the specific use or alteration before consenting. The union also explains that its protections address voice as well as likeness.
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Those protections must be applied within the agreement’s definitions and coverage rules. A nonunion performer cannot assume the SAG-AFTRA terms apply, and a union performer cannot assume every project or activity falls within the same provision. Check the agreement, the production classification, the performer’s status, and any side letter or successor agreement in force when the work is performed.
California’s 2024 laws: two different issues
AB 2602 and substitution for services
California’s governor announced the signing of AB 2602 on September 17, 2024. The announcement describes provisions addressing contracts that allow a digital replica to substitute for a performer’s personal or professional services. It describes requirements for reasonably specific intended-use terms and representation by legal counsel or a labor union for covered contract provisions.
That is narrower than a claim that every AI clause in California is invalid without a lawyer, or that every digital-replica use requires the same procedure. The statute’s definitions, exceptions, effective dates, and application determine the result. Read the enacted code and obtain advice for the particular contract.
AB 1836 and deceased performers
The same September 17, 2024 announcement describes AB 1836 as addressing certain commercial uses of a deceased performer’s digital replica without estate consent. This is a postmortem-right issue, distinct from the consent of a living performer and distinct from AB 2602’s treatment of substitution for services.
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Whether a use is covered can depend on the replica, the commercial context, the performer’s connection to California, estate authorization, statutory exceptions, and other facts. Do not treat the announcement as a complete statement of the operative law; consult the enacted text for precise scope.
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Other states and proposed federal measures
State privacy, publicity, employment, contract, and unfair-practices laws can affect an AI use. Federal proposals and policy discussions should not be described as enacted rights. The available legal overview is not a comprehensive state-by-state survey, so a producer or performer working across jurisdictions should identify the law governing the contract and the place of exploitation rather than extrapolating from California.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.A step-by-step contract review workflow
- Identify the performer and production. Record whether the performer is living or deceased, union or nonunion, and what type of production is involved. Note the employer, contracting entity, and intended distribution.
- Mark every identity-related permission. Highlight references to name, image, likeness, voice, performance, scan, digital double, synthetic media, artificial intelligence, machine learning, model, alteration, and future technology.
- Separate the permitted actions. Label each term as capture, training, creation, alteration, generation, display, distribution, licensing, or substitution. Missing verbs are potential gaps.
- Map the intended use. Write down the project, character, scene, media, territory, term, audience, language, advertising use, and whether new material may be generated. Compare that list with the contract’s actual description.
- Check consent timing and form. Determine whether consent is clear and conspicuous, who gives it, what information must be supplied beforehand, and whether a later use requires new consent or notice.
- Test substitution scenarios. Ask whether the replica can perform services the performer has not yet provided, replace a scheduled day, extend a role, or appear in a sequel or advertisement. Locate the approval and representation requirements for each scenario.
- Trace money and reuse. Identify the initial fee, use fee, residuals, reuse payments, alteration payments, renewal terms, and treatment of third-party licenses. Do not assume a payment exists merely because a replica is used.
- Trace data and assets. Specify retention, access, security, deletion, subcontractors, model training, generated files, and what happens when the contract ends.
- Confirm governing rules. Check the collective bargaining agreement, state statutes, contract choice-of-law clause, postmortem-rights rules, and any side letters. Have an entertainment lawyer, talent representative, or union review ambiguous language before signing.
Issue-spotting checklist for performers
- Does the release authorize only captured footage, or also a new synthetic performance?
- Can the producer create a voice replica as well as a visual likeness?
- Is the project and intended use described in concrete terms rather than only through broad future-media language?
- Can the replica be used after the engagement, in a sequel, in advertising, or by a licensee?
- Can the replica replace services you would otherwise perform?
- What notice, information, approval, or renewed consent is required for an alteration or new use?
- What are the creation, use, reuse, residual, and substitution payments?
- Who controls scans, recordings, models, and generated files, and when are they deleted?
- Does a union agreement apply, and does the production satisfy its coverage requirements?
- If the performer is deceased, who can authorize the commercial use and what postmortem-right rules apply?
Issue-spotting checklist for producers
- Define the exact digital-replica workflow and avoid relying on a generic likeness grant.
- Give the performer a reasonably specific description of each intended use, alteration, and distribution channel where required.
- Separate permissions for scanning, model creation, generation, alteration, display, licensing, and substitution.
- Document consent in a conspicuous, understandable form and preserve the version the performer signed.
- Build a process for additional consent when a campaign, sequel, platform, character, or use changes materially.
- State the payment and reuse mechanics instead of assuming a universal market formula.
- Limit access to source scans and generated assets, and document retention, deletion, and security practices.
- Check union requirements before production begins and confirm whether counsel or union representation is required for a covered substitution provision.
- Obtain estate authorization where a deceased performer’s commercial digital replica may be implicated.
- Keep records showing which output was generated, under which permission, for which project, and for what term.
Common scenarios and how the analysis changes
Replacing a completed stunt or correcting a continuity shot
If the performer already supplied the relevant performance, a limited digital double may be closer to post-production use of captured material. The contract still needs to address alteration and generation, but the substitution question may be narrower than when the replica performs entirely new work.
Generating new dialogue in the performer’s voice
This involves voice as well as likeness. A release that mentions photographs or visual appearance but says nothing about synthetic speech may not answer the permission question. Identify the words, language, context, distribution, and whether the performer approved the generated result.
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A sequel or campaign may be a new project or a new commercial context even if the original contract uses broad media language. Check the term, project definition, intended-use description, additional-consent trigger, and reuse payment before assuming the original authorization extends to it.
Training a model for unrelated future characters
Training or retaining source material for outputs unrelated to the original role raises data and reuse questions beyond ordinary release language. The contract should expressly address training, access, generated outputs, third-party licensing, and deletion. No general rule in the reviewed materials grants a producer unlimited training rights.
Commercial use of a deceased performer’s replica
Analyze estate consent and postmortem-rights law separately from any release signed during the performer’s life. California AB 1836 is a relevant example of a statute addressing certain commercial uses, but its definitions and exceptions must be checked against the actual facts.
Red flags that deserve clarification before signing
- A definition of likeness that includes every technology now known or later developed but never mentions replicas, synthetic voice, or generated performance.
- Permission for any use, anywhere, forever, with no project, media, term, or context.
- One payment stated to cover all future creation, alteration, reuse, licensing, and substitution.
- Language allowing the producer to replace the performer’s services without describing the work or compensation.
- Silence about scans, model weights, recordings, prompts, generated files, or deletion.
- A consent acknowledgment hidden in boilerplate with no explanation of the intended AI use.
- No process for notifying the performer when a new platform, sequel, advertiser, or licensee becomes involved.
- Reliance on a union rule or state statute without confirming that the production and performer fall within its coverage.
How to decide whether a separate AI rider is needed
| Situation | Practical response |
|---|---|
| Only ordinary footage, photographs, or recordings will be edited and distributed as agreed. | Review the traditional release for editing, publicity, media, term, and territory; do not assume it covers synthetic generation. |
| A scan, voice sample, or model will be created. | Use clear AI-specific terms covering capture, creation, storage, access, and intended use. |
| New words, movements, or scenes may be generated. | Describe the generated performance, consent process, substitution limits, and payment for new material. |
| The replica may appear in a sequel, campaign, game, or licensee’s product. | Address project scope, additional consent, reuse, third-party access, and compensation before that exploitation. |
| The performer is covered by a collective bargaining agreement. | Apply the agreement’s definitions and consent requirements; do not replace them with generic release language. |
| The performer is deceased. | Analyze estate authorization and applicable postmortem-rights law independently from the original release. |
Bottom line for signing or drafting
Treat a traditional likeness release and an AI performer clause as related but distinct permissions. The traditional document addresses identity and recorded performance; the AI clause must explain how a replica is created, what it will do, where it will appear, whether it can substitute for services, how consent is recorded, what payment and reuse terms apply, and how source data and generated assets are handled. The 2023 SAG-AFTRA framework, California’s AB 2602 and AB 1836, and other laws provide bounded examples rather than a universal rule. Before signing, match the clause to the actual production, union coverage, jurisdiction, and living or deceased status, and obtain advice from qualified counsel, a talent representative, or a union when the language is unclear.
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