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Yes, a producer may be able to use your voice, likeness, movement or other performance data after you sign—but only to the extent your contract, applicable union agreement and governing law allow. An AI clause is not self-explanatory. Before signing, identify exactly what will be captured, what “digital replica” or “synthetic performer” means in that agreement, which outputs are authorized, how long the permission lasts, and what payment and control you retain.
Separate permission to create a replica from permission to use it. Then have the applicable union or an entertainment lawyer review unclear language. SAG-AFTRA protections differ by TV/Theatrical, commercials, background, and interactive work, and California statutes address some contracts without creating a universal rule for every performer or production.
Start with the five questions that determine your risk
Read the AI language as a set of permissions, not as a technology description. Mark the contract until you can answer these questions in plain English:
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1Scan for outdated or missing drivers - takes under a minute2Repair Windows errors before they cause bigger problems3Fix the driver behind crashes, sound loss and screen glitches- What data can be captured? Look for face and body scans, voice recordings, movement or motion-capture files, performance recordings, photographs, biometric identifiers, and any “production materials” definition broad enough to include them.
- What is the authorized output? The clause might cover a recognizable replica of you, a synthetic character, voice conversion, dubbing, digital alteration, newly generated dialogue or scenes, advertising assets, or training data. These are not interchangeable permissions.
- Where, when and for what project can it be used? Identify the picture, episode, character, scenes, media, territory, term, advertising uses, localization and any later project. “Any purpose,” “in perpetuity” and “all media now known or later devised” require careful interpretation rather than automatic assumptions about validity.
- What triggers payment? Separate scan or creation fees from payments for a generated performance, holding periods, use in each medium, reuse, residuals and third-party licensing. Do not assume an existing session fee or buyout covers later AI uses.
- What happens to the asset and your consent? Check retention and deletion, access, security, vendors, training, sublicensing, assignment, successor obligations, withdrawal or suspension procedures, and grievance or arbitration remedies.
If a definition or permission cannot be explained without repeating the contract’s jargon, pause the signature and obtain qualified advice.
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Separate scanning from using the replica
A scan, voice session or motion capture creates an asset; it does not necessarily answer what the producer may later do with that asset. Ask for two distinct decisions in writing:
Permission to collect
- What will be recorded or measured, and for how long?
- Is the collection required for a specific scripted production, or is it exploratory?
- Who will operate the equipment, where will files be stored, and which vendors can access them?
- Can you decline a scan without losing the role, and what alternative performance method is available?
Permission to use
- May the producer generate new dialogue, scenes, stunts, expressions or body movement?
- Can the replica be used for advertising, trailers, social clips, localization or a different rating or edit?
- Can it be used to train a model, create a synthetic character, or make derivative assets unrelated to the original scene?
- Can the company license or transfer the asset to another producer, platform or vendor?
The 2026 SAG-AFTRA TV/Theatrical summary says producers must have “an articulable business reason” when seeking performer or background actor consent to scan them for an Employment Based Digital Replica. That requirement is specific to the agreement and its effective terms; confirm that the job is covered and check the operative language before relying on it.
Define every term instead of accepting a generic AI paragraph
Definitions control the rest of the clause. Highlight each of these terms and write a margin note describing the actual material and output it covers:
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Digital replica and synthetic performer
Ask whether the definition is limited to a recognizable replica of your voice or likeness or also includes a synthetic character that merely uses elements of your performance. “Synthetic performer” may cover a fully generated performance, while “digital alteration” may cover editing your recorded performance. The payment and consent rules can differ.
Biometric data
Determine whether face geometry, voiceprints, body measurements, eye or hand movement and other identifiers are included. A clause that sweeps ordinary production files into “biometric data” may create longer retention and security consequences than a narrow scene-use permission.
Training
“Training” can mean using your files to improve a model, generating a replica for this production, or both. Require the contract to state whether your data may train a general-purpose model, a vendor’s model, or only a project-specific system. If training is not needed, ask for an express prohibition.
Alteration, dubbing and localization
Find out whether the producer can change accent, age, emotion, words, physical action or language. A 2026 TV/Theatrical summary describes consent protections for dubbing a performance into another language on the agreement’s effective timetable, but the exact date and covered work must be verified in the operative agreement.
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Scope is the center of consent
A permission is safer when a reader can identify the production and the intended use without guessing. Ask the producer to specify:
- the picture, series, episode or other project;
- your character and the scenes, actions or dialogue involved;
- whether the output is a replica of a recorded performance or a newly generated performance;
- distribution media, advertising, promotional clips and localization;
- territory, term, exclusivity and any post-term availability;
- whether new scenes, dialogue, stunts or performances can be generated; and
- the process for approving a materially changed use.
Older SAG-AFTRA TV/Theatrical FAQ guidance explains the concept this way: consent is generally required for each replica use, subject to limited exceptions. A series-wide grant is not described as blanket permission; each episode or picture must be identified, the use described with reasonable specificity, and changed uses brought back for consent. That FAQ discusses the 2023 contract, so reconcile its explanation with the ratified 2026 amendments before applying it to a current job.
For commercials, the 2025 SAG-AFTRA bulletin calls for a clear and conspicuous description in a Digital Replica Rider or another writing separate from the employment contract. A use beyond the original description requires another description and consent under that bulletin.
What different SAG-AFTRA categories say
Do not move a protection or payment from one category into another. First identify the agreement covering the work.
| Work category | Key consent or control point | Important qualification |
|---|---|---|
| TV/Theatrical | The 2026 successor agreement summary describes a business-reason requirement for scans, limits on digital alteration beyond what was scripted, biometric and minor protections, security and transfer safeguards, strike protections, and controls over synthetics. | The agreement runs July 1, 2026 through June 30, 2030. Each protection has its own effective terms and covered-work requirements; verify the operative agreement. |
| Background performers | A voucher clause alone does not establish valid consent when it conflicts with the applicable agreement. Consent should be clear and conspicuous, describe the replica’s use and medium, and be tied to compensation under the applicable agreement. | The employer may own materials created from the performer’s work, while contractual consent and payment terms still constrain use. |
| Commercials | Consent must be clear and conspicuous, linked to a reasonably specific intended-use description and recorded separately from the employment contract. Uses beyond that description require another consent. | The 2025 bulletin’s payment terms apply only where that contract covers the commercial. |
| Interactive media | The 2025 agreement FAQ says consent is invalidated when use no longer fits the reasonably specific description. | Suspension of consent is limited unless independently negotiated conditions apply, with a strike exception in the circumstances described by the FAQ. |
Read the payment section as a trigger map
Make a table of every event that could create compensation. A clause that says “full buyout” is not a substitute for identifying those events.
Creation and capture
Ask whether the scan, voice session, body capture or data-cleaning session has its own fee, minimum call, overtime treatment and cancellation terms. If capture occurs on a day that is not otherwise a performance day, confirm how that time is paid.
Generated performance
Determine whether a generated scene, line, stunt or localized performance counts as a performance for session fees, residuals or reuse. The 2025 SAG-AFTRA commercials bulletin states that each commercial using a performance generated by a digital replica pays 150% of the session fee, plus applicable holding and use fees under that agreement. That is an agreement-specific figure, not a universal actor rate.
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Media, territory and reuse
Check separate triggers for theatrical, streaming, broadcast, paid advertising, social media, trailers, games, localization and later campaigns. Identify holding fees, use fees, residuals, renewal dates and third-party licensing. If the clause permits a new owner or licensee to use the replica, state whether a new payment is due.
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Ask how you will learn where the replica was used and who must provide records. A practical clause identifies a reporting interval, the person responsible, and a process for correcting underpayment.
Control the asset after the session
Ownership language does not answer every control question. Mark these provisions separately:
- Retention: the exact retention period and whether backups, caches and vendor copies are included.
- Deletion: when deletion occurs, who certifies it, and what legal or technical exceptions apply.
- Access: named departments, vendors, subcontractors and geographic locations.
- Security: encryption, access logs, breach notice and minimum vendor safeguards.
- Training: whether files may improve a general model or only generate the contracted output.
- License and sublicensing: whether permission is exclusive, transferable, sublicensable or irrevocable.
- Assignment and successors: whether a buyer or successor must honor the same restrictions, payments and deletion duties.
- Usage reporting: records of generated outputs, media placement and third-party access.
The 2026 TV/Theatrical summary describes security and continuing transfer protections, but their application depends on the agreement’s definitions and effective dates. Do not assume a company sale ends the original restrictions or, conversely, that it automatically preserves every promise.
Check alteration and new-scene language line by line
Some clauses authorize only a digital double for a specified shot; others allow a broad range of generated material. Ask the producer to state whether the replica may:
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- appear in scenes not listed in the contract;
- change age, body shape, accent, facial expression or emotional state;
- perform sexual, violent, political or endorsement content;
- be combined with another performer’s replica;
- be used in a different cut, rating, language or territory; or
- appear after your contract term ends.
“Alteration beyond what was scripted” is addressed in the 2026 TV/Theatrical summary, but the operative agreement determines the exact boundary. If a contract instead uses “sole discretion” or “any modification,” ask for a concrete approval process and prohibited categories.
Compare two offers on the same axes
When choosing between contracts, compare like work categories under the same governing agreement. A commercial rider should not be ranked against a TV/Theatrical clause solely by its headline fee.
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| Comparison axis | Questions to put side by side |
|---|---|
| Captured data and outputs | Which face, body, voice, movement and biometric files are collected? Can the producer generate new dialogue, scenes or characters? |
| Specificity and consent | Are projects, episodes, scenes, media and territories named? Is renewed consent required for a changed use? |
| Term and transfer | How long does permission last? Is it exclusive? Can the asset be assigned or sublicensed, and must successors honor the restrictions? |
| Compensation | What is paid for capture, generation, each medium, holding, reuse, residuals and third-party licensing? |
| Data governance | Are training, vendor access, security, deletion and usage reporting addressed? |
| Remedies | Can consent be suspended? What happens during a strike? Are grievances, arbitration, injunctive relief or audit rights available? |
California rules add requirements, not a universal answer
California’s official summary says AB 2602 requires contracts to specify the intended use of an AI-generated replica of a performer’s voice or likeness and requires the performer to be professionally represented in negotiating the contract. The Governor’s office also says AB 1836 requires estate consent for commercial use of digital replicas of deceased performers in covered expressive works and recordings.
Those are California-specific summaries, not a complete statement of statutory text, definitions, exceptions, effective dates or case law. Confirm that California law governs the contract and have counsel examine the enacted language. A California statute does not automatically control an out-of-state engagement, and a union agreement may impose additional obligations.
Use a signing workflow that creates a record
- Obtain the complete packet. Request the employment contract, AI rider, side letters, collective-bargaining agreement, production schedule and any privacy or data-processing attachment.
- Mark every defined term. Create a list for replica, synthetic performer, biometric data, training, alteration, generated performance, use, media, term and territory.
- Build a permission matrix. Put each proposed capture and output in a row, then record project, scene, medium, territory, term, approval and payment.
- Separate missing facts from unacceptable terms. Ask factual questions first; then propose narrower language, a new fee trigger or a deletion obligation.
- Get changes in writing. A call or informal email does not reliably amend a signed rider. Initialed edits, a replacement rider or a signed side letter should identify the superseded language.
- Confirm coverage. Ask the union which agreement applies to the production and whether the proposed consent form conflicts with it.
- Keep the final version. Save the signed contract, exhibits, consent descriptions, payment records and later approvals in one secure location.
Red flags that deserve a pause
- A single sentence grants “all rights” without identifying the asset or output.
- The producer can scan you for “future projects” without naming projects or a use.
- Creation and use are combined, with no separate consent or payment trigger.
- Training rights cover a vendor’s general model or affiliates without limits.
- “Perpetual,” “irrevocable,” “worldwide” and “all media” appear together without a project-specific description.
- There is no deletion, security, breach-notice or successor obligation.
- Payment is a one-time buyout but the producer can create unlimited new scenes or campaigns.
- The contract says you waive all union, statutory or collective-bargaining protections.
- A voucher or call sheet is presented as the only evidence of consent for a digital replica.
- The clause allows a changed use without renewed approval or a clear dispute process.
These phrases are not automatically invalid in every jurisdiction or agreement. They are signals that the economic value, duration and practical control need professional review.
Can you withdraw consent after signing?
Do not promise yourself an unrestricted veto. Withdrawal, suspension and strike rights depend on the contract, union agreement and applicable law. The SAG-AFTRA interactive-media FAQ describes suspension as limited unless independently negotiated conditions apply, while identifying a strike exception in the circumstances it covers. Other agreements may provide different procedures.
Before signing, specify whether consent can be suspended for a breach, a materially changed use, a security incident, nonpayment, a strike or the end of the term. State who receives notice, how quickly use must stop, what happens to already distributed material and whether a grievance or arbitration process applies.
Who should review the clause?
SAG-AFTRA members
Confirm the production category and applicable agreement with SAG-AFTRA. The union advises members to seek help when a description is inadequate and says members concerned about surrendering AI rights can submit their agreement. Use that channel before signing rather than assuming a general online explanation resolves your specific rider.
Nonunion performers
Identify the governing law, the production’s jurisdiction and any employment or privacy statutes that may apply. An entertainment lawyer who regularly handles performer contracts can explain ownership, licensing, consent, payment and remedies in the actual document.
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California performers
Ask counsel to evaluate AB 2602 and, where a deceased performer’s replica is involved, AB 1836, against the enacted text and the contract’s negotiation history. Professional representation requirements and statutory definitions should be verified for the specific engagement.
When checking a reviewer, verify credentials, entertainment-contract experience, union familiarity, fees, conflicts and whether the person is giving legal advice in the relevant jurisdiction. A generic template or technology consultant cannot replace agreement-specific counsel.
A one-page checklist for your markup
- Project, episode, picture and character identified.
- Face, body, voice, movement, performance and biometric data listed.
- Replica, synthetic performer, alteration and training defined.
- Scenes, actions, dialogue, media, advertising, territory and term specified.
- Separate consent for capture and use documented.
- Changed-use and renewed-consent process stated.
- Creation, generated-performance, holding, use, reuse and residual payments stated.
- Training, vendors, sublicensing, assignment and successor duties limited.
- Retention, deletion, security, breach notice and usage reporting included.
- Suspension, strike, grievance, arbitration and audit procedures understood.
- Applicable union agreement and state law confirmed.
- Final signed rider and all revisions saved.
What to ask before you sign
Send the producer a short written list: “What exact files will you capture? Which scenes and media are authorized? Can you generate new dialogue or scenes? May the files train a general model? How long are they retained? Who can access or license them? What payment is due for each generated use? What requires renewed consent? What happens after assignment or a breach?” A clear written answer often reveals whether the clause is genuinely limited or merely broad language awaiting future interpretation.
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Frequently Asked Questions
Do I have to agree to an AI scan?
Not automatically. Whether a scan is required, optional or subject to a business-reason requirement depends on the governing law, union agreement and contract. Ask why it is needed and what uses follow from it.
Can a producer use my digital replica forever?
Only the applicable contract, agreement and law can answer that. Treat perpetual or irrevocable language as a major scope question and negotiate a defined term, project and post-term rule.
Can a producer train AI on my performance?
Do not assume training is included. Require the contract to say whether your files may train a project-specific system, a vendor’s general model or no model at all.
Will I be paid if new scenes are generated?
Payment depends on the agreement and its triggers. For example, the 2025 SAG-AFTRA commercials bulletin states 150% of the session fee for each commercial using a generated performance, plus applicable holding and use fees under that agreement.
Can I take back consent after signing?
There is no universal post-signing revocation right. Suspension or withdrawal depends on the contract, union rules and law, so negotiate those conditions and procedures before signing.
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