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Actors protect themselves from unauthorized AI voice or likeness use by combining a carefully limited contract, applicable union protections, state publicity and digital-replica laws, and prompt documentation of any misuse. Before recording, scanning, or signing, identify exactly what may be captured, generated, distributed, reused, or used instead of a future performance. Have broad or unclear language reviewed by an entertainment lawyer or the union covering the production.
A digital replica is an AI-generated version of a person’s appearance, voice, or performance. A voice replica or digital voice replica imitates vocal characteristics so software can produce new speech. The legal answer is not one nationwide rule: jurisdiction, whether the performer is living, the production’s contract, union coverage, and the purpose of the use all matter.
Why the contract is your first line of protection
An AI clause can authorize far more than the recording session where you sign it. A production might capture a voice track, facial scan, movement data, or other performance data and later use that material to generate new dialogue, advertising, localized versions, game content, or a substitute for a paid performance. Whether it may do so depends on the wording you accepted and the law governing the agreement.
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- AI, artificial intelligence, synthetic, digital replica, voice, likeness, scan, capture, performance data and training
- Derivative, future technologies, all media, perpetual, worldwide, irrevocable and transferable
- Reuse, modification, sublicensing, advertising, promotional use, localization and replacement or substitution of services
Ask the producer to explain any term that could cover future uses. Keep the signed version, attachments, session notices and later emails together; a later rider or written clarification may be as important as the main agreement.
Creation consent is different from use consent
Permission to record your voice or scan your face does not automatically answer whether the producer may generate new performances, edit the output, distribute it, use it in advertising, train another system, or carry it into later projects. Request separate answers for capture, generation, distribution and reuse, and put the limits in writing. The exact legal effect depends on the contract and governing law.
Questions to put in writing
- What will be created: an audio model, a facial or body scan, a specific finished clip, or another form of performance data?
- For which named project, characters, media, platforms and territories can it be used?
- How long does the permission last, and can the producer renew or extend it?
- Can the replica be changed, combined with another performer, sublicensed, sold or transferred?
- Can it appear in advertising, promotional material, games, dubbing, interactive experiences or future productions?
- Can it substitute for a new paid performance, and what approval or payment applies to each later use?
- Who stores the source files and model, what security applies, and what happens to copies when the agreement ends?
- Is there a deletion, expiration, approval or revocation process, and are there exceptions?
These are negotiation and risk-control questions, not universal statutory requirements. A lawyer or union representative can tell you which protections apply to the particular deal.
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How the main legal protections differ
Actors usually rely on several overlapping sources rather than a single “AI right.” The distinctions below prevent a protection from one setting being mistakenly applied to another.
| Protection source | Who or what it covers | Key point |
|---|---|---|
| State law | Depends on the state, the performer’s status and the use | California has specific statutes for certain living-performer contracts and commercial replicas of deceased performers; other states may use different publicity or privacy rules. |
| Union agreement | Performers and productions covered by the applicable SAG-AFTRA or other agreement | Covered agreements can require clear consent and a reasonably specific description of intended replica uses. They do not automatically govern noncovered work. |
| Individual contract | The parties and project signing the agreement | Defines the permissions, compensation, term, territory, media and reuse rights that may control a dispute, subject to applicable law. |
| Other legal claims | Facts vary by use and jurisdiction | Publicity, contract, unfair-competition, labor or other claims may be relevant, but no single claim is guaranteed in every case. |
| Federal legislation | Depends on what Congress enacts | The U.S. Copyright Office recommended federal digital-replica legislation, while an introduced bill is only a proposal until enacted. |
California’s two 2024 digital-replica laws
On September 17, 2024, Governor Gavin Newsom announced the signing of Assembly Bills 2602 and 1836. The announcement describes their scope; it should not be read as resolving every possible AI use or claim. Read the announcement at the California Governor’s Office and obtain current legal advice for a California contract.
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AB 2602: certain contracts involving a performer’s services
In the covered circumstances described by the Governor’s announcement, AB 2602 addresses contracts that allow an AI-generated digital replica of a performer’s voice or likeness to replace the performer’s services. The contract must include a reasonably specific description of the intended uses, and the performer must have professional representation by counsel or a labor union when negotiating the covered contract.
This is narrower than saying every AI use requires consent under AB 2602. The statute’s application turns on the contract and facts, including what the replica does and whether it substitutes for services. If a California agreement uses broad language such as “all future technologies,” ask counsel whether it meets the statute’s specificity and representation requirements and whether other provisions apply.
AB 1836: commercial replicas of deceased performers
AB 1836 concerns certain commercial uses of a deceased performer’s digital replica without consent from the appropriate rights holder or estate. It is a postmortem protection, not the principal rule for a living actor negotiating a new engagement. Estate representatives should confirm which person or entity holds the relevant rights and what authorization or procedural steps California law requires before licensing or challenging a use.
What the California announcement does not establish
The announcement does not create a universal deletion right, guarantee payment for every generated use, or decide whether a particular scan, training activity or noncommercial use is lawful. Those questions require the statute, the contract and the facts to be analyzed together.
SAG-AFTRA protections apply only when the agreement covers the work
SAG-AFTRA’s artificial-intelligence member resources describe protections involving informed or clear and conspicuous consent and information about specific intended uses for covered digital voice-replica work. The union’s 2023 TV/theatrical contract resources provide agreement-specific materials on replica consent and related terms. A Congressional Research Service legal sidebar also summarizes the 2023 agreement’s clear-and-conspicuous-consent and reasonably-specific-use-description provisions, while noting exceptions: CRS legal analysis.
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Check three things before relying on a union protection:
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- Is the production and the particular service covered by that agreement?
- Does the clause address the type of replica and use being proposed?
Union membership alone does not make every job subject to every provision. Conversely, a nonunion actor should not assume that union contract language is unavailable as a model for negotiation, but should obtain advice on the state law and contract actually governing the job.
In the Governor’s announcement, California Assemblymember Ash Kalra said, “While this bill was informed by negotiations during the historic strike by SAG-AFTRA, AB 2602 shows how California can strike the right balance between AI innovation and protecting workers in the digital age.” That is a policy statement by the legislator, not a complete description of every legal effect.
Federal proposals and the limits of current protection
The U.S. Copyright Office’s July 31, 2024 announcement about Part 1 of its artificial-intelligence report said existing protections have gaps and recommended that Congress enact a federal law covering knowing distribution of unauthorized digital replicas of all individuals. The recommendation is an assessment and proposal from the Office, not a federal cause of action by itself. See the Copyright Office announcement.
The materials cited here identify the NO FAKES Act of 2025 as introduced legislation in the 119th Congress, including the text of S. 1367. Introduced text is not enacted law. Before relying on that bill, check its current status in the official congressional record and ask counsel which law is in force where the use occurred.
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A practical protection plan before you sign
1. Identify every input and output
List each item the production will collect: dialogue, singing, accents, vocal exercises, photographs, head scans, body scans, motion capture, improvisations and metadata. Then list the possible outputs, such as new dialogue, visual scenes, dubbing, advertisements or an interactive character. If the request is described only as “for AI” or “for technical purposes,” ask for a project-specific explanation.
2. Tie permission to a defined use
Request the project name, character, media, territory, term and permitted purpose in the contract. A reasonably specific description is central to California AB 2602 in its covered circumstances and to the cited SAG-AFTRA protections. Replace open-ended permission with a schedule that identifies each approved use and the process for approving a new one.
3. Separate present work from future substitution
State whether the replica may replace a future session or performance. If substitution is permitted, negotiate how notice, creative approval, minimum compensation, residuals and credit work. Do not assume that a one-time session fee covers later generated performances unless the agreement clearly says so.
4. Negotiate control, payment and data handling
Ask who controls the model and source files; whether a vendor or affiliate can receive them; whether the files can be used to train another model; and whether copies must be deleted or returned. Address compensation for creation and later uses, approval rights, security measures, expiration, and any permitted sublicensing. These terms may be negotiable even when a statute does not prescribe them.
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5. Use the right representative
SAG-AFTRA members should contact the union and identify the contract covering the work. Other performers should seek an entertainment lawyer familiar with performer agreements, digital replicas and the law governing the contract. California’s AB 2602 announcement specifically identifies counsel or labor-union representation in the covered contract circumstances.
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6. Preserve the final record
Keep the executed agreement, every rider, emails, consent forms, session notices, invoices and approvals. Save a dated copy of any description of intended use. If a producer later changes the plan, ask for a written amendment before supplying new material.
What to do when you suspect unauthorized use
- Capture evidence lawfully. Record the URL, account or program name, date, screenshots and, where lawful, an audio or video copy. Note what sounds or looks like your performance and how it is being presented.
- Compare the use with your documents. Check the signed permission, riders, union notices and any written approvals. Identify whether the disputed use is outside the named project, media, term, territory or purpose.
- Contact the appropriate representative promptly. Ask your union or entertainment lawyer about notices, contract enforcement, publicity claims, takedown options, preservation letters or other remedies. Do not assume a particular remedy is guaranteed.
- Avoid expanding the permission while investigating. Do not sign a new release or provide additional recordings merely to obtain information without advice on how it affects existing rights.
Fast, organized records help a representative evaluate what was authorized and which jurisdiction, agreement or claim may apply. They do not by themselves establish liability.
Living performers, deceased performers and different uses
A living actor negotiating a job, an estate licensing a deceased performer’s image, and a person whose voice was copied for a deceptive advertisement may face different rules. When evaluating a suspected use, classify:
- Jurisdiction: where the performer, producer, audience and relevant conduct are located, and which law the contract selects
- Status: living performer or deceased performer with an estate or other rights holder
- Coverage: union member and covered agreement, nonunion production, or another contract
- Purpose: commercial advertising, entertainment, internal development, commentary or another use
- Function: a replica that replaces services versus a different form of voice or likeness use
- Consent record: what was disclosed, what was signed and whether the description was specific enough for the applicable rule
These factors are decision points, not a national liability checklist. A lawyer must apply the governing law to the facts and the wording of the agreement.
Common mistakes that weaken an actor’s position
- Signing a “perpetual, irrevocable, all-media” grant without asking whether it includes synthetic performances or replacement of future work.
- Treating permission to record as permission to train a model, generate new lines or advertise a product.
- Assuming a union clause applies to a noncovered production, or that nonunion status removes all state-law or contract protections.
- Relying on a verbal promise that the replica will be used “only internally” instead of obtaining a written limit.
- Waiting to preserve evidence until a post disappears or a campaign changes.
- Calling an introduced federal bill a law or assuming a state announcement answers a dispute arising under another jurisdiction.
When professional advice is worth the cost
Obtain a review before signing when the agreement grants perpetual or worldwide rights, permits transfer or sublicensing, mentions training, covers “future technologies,” allows replacement of services, or combines a low session fee with broad replica rights. Seek help immediately when a replica appears in a use you did not approve, when a producer refuses to identify the model or vendor, or when an estate is asked to license a deceased performer’s replica.
The most protective approach is specific permission for a specific project, a clear separation between capture and later use, compensation and approval terms for new uses, and a complete record reviewed by a qualified representative. Laws and agreements change, so confirm the current rule in the relevant jurisdiction before acting.
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