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There is no single U.S. rule that answers whether a studio may use AI to copy an actor’s voice or likeness. The answer depends on what was captured or generated, the contract and any applicable SAG-AFTRA agreement, and the law in the relevant state. A synthetic performance can raise consent and payment questions even if it does not reuse the actor’s original recording or image.
What counts as an AI-generated voice or likeness?
A digital replica is a synthetic representation of a performer’s recognizable identity or performance. It may imitate a voice or appearance, generate new material in that person’s likeness, or alter a performance. The concern is not limited to replaying an existing recording or photograph: a newly generated performance may still be identifiable as the actor.
That does not mean every AI-assisted edit is legally a digital replica. Definitions differ among contracts and laws, and the circumstances matter. A voice clone, a body or face scan used to create a character, and an edit that changes a performance can raise different questions about what was captured, how it is used, and whether the performer can be identified.
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For performers, the stakes can include control over identity and performance, the ability to negotiate consent and compensation, employment opportunities, and the use of a performer’s identity after death. The U.S. Copyright Office discussed displacement concerns in its 2024 report on digital replicas, but the sources cited here do not establish a reliable current figure for how many performers have been affected or how much income has been lost.
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Can a studio use an actor’s voice with AI without consent?
Not every studio or production is subject to the same rule. Consent may be governed by a union agreement, an individual contract, or state law, and those protections do not automatically apply to every performer or use. For work covered by SAG-AFTRA’s TV/Theatrical agreement, the union says consent is required for each digital-replica use in most cases, subject to limited exceptions. Its guidance says voice and visual likeness are both covered by the replica definitions.
Under that agreement, a producer seeking permission for use across multiple projects must identify those projects and describe the intended use with reasonable specificity. A material change in the agreed use calls for new consent, according to SAG-AFTRA. The union also says that an employer’s ownership of materials created from the work does not, by itself, remove negotiated consent and further-payment protections in most cases. Those are statements about the covered agreement and the union’s interpretation—not a universal rule for all productions.
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For the 2025 Commercials Contracts, SAG-AFTRA says the employer must obtain consent before creating a replica and informed consent before using it, with the intended use described with reasonable specificity. These terms are agreement-specific; they should not be assumed to govern a nonunion job or a project covered by a different contract.
What do SAG-AFTRA’s AI replica terms provide?
The union’s guidance distinguishes the creation of a replica from its later use. Whether a performer is covered by the relevant agreement is essential: the terms below describe two SAG-AFTRA contract contexts, not a general entitlement that applies to every actor.
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| Covered context | Consent described by SAG-AFTRA | Compensation described by SAG-AFTRA |
|---|---|---|
| TV/Theatrical agreement | Consent for each use in most cases, with limited exceptions. Multi-project permission must identify the projects and describe use reasonably specifically; a change in use requires renewed consent. | The union says the agreement includes further-payment protections in most cases. The cited guidance does not state one universal fee amount. |
| 2025 Commercials Contracts | Consent before replica creation; informed consent before use; intended use described with reasonable specificity. | The union describes replica-generated performance as triggering 1.5 times the session fee, plus applicable holding and use fees under the covered commercials agreement. |
The 1.5-times figure is a payment term described for replica-generated performance under the covered commercials agreement; it is not a general AI rate for actors. The session fee and any applicable holding or use fees depend on the agreement and the engagement.
What should an actor check before agreeing to a digital replica?
Consent is only useful if the performer can tell what they are authorizing. Before signing or recording material for a potential replica, clarify the scope in writing and compare the proposed terms with any applicable union agreement.
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- Identify what will be captured or generated. Ask whether the production will use voice recordings, facial or body scans, motion capture, existing footage, or an altered performance—and what the resulting replica can do.
- Define permitted uses. Specify projects, media, territory, purpose, and duration. Ask whether each new project, platform, campaign, or materially changed use requires separate consent.
- Set out payment terms. Separate payment for the original session from fees for replica creation and later use. Identify applicable session, holding, and use fees, and what happens if the use expands.
- Address access and handling of source material. Ask who can access recordings, scans, models, or other source files; whether they can be shared or sublicensed; how long they will be retained; and what deletion or security commitments apply. These are important contract questions, but the sources cited here do not establish them as universal legal duties.
- Clarify future and posthumous use. Determine what happens to the replica after the contract ends and who may authorize use after the performer’s death. State law and contract terms may affect the answer.
- Confirm which rules cover the work. Check the specific union agreement, if any, the contracting parties, and the laws that may apply to the production and use.
For a consequential agreement or disputed use, an entertainment lawyer or the performer’s union representative can assess the actual contract and applicable law. This guide is general information, not individualized legal advice.
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Some protections are state-based; they should not be described as one nationwide rule. The following is a selective overview, not a survey of every state, and summaries of legislation do not replace the enacted statutory text.
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| Jurisdiction or proposal | What the cited sources describe | What that means for readers |
|---|---|---|
| California, 2024 | The governor announced laws intended to protect performers’ digital likenesses. SAG-AFTRA describes AB 2602 as limiting enforceability of some contract terms for digital replicas when the agreement lacks a reasonably specific description or the performer is not represented by counsel or a union. It describes AB 1836 as addressing replicas of deceased performers. | These are California measures, and the summaries do not provide every statutory definition, exception, or effective date. The law’s text and the facts of a particular use matter. |
| California, 2026 | A September 2026 announcement describes legislation defining a “synthetic performer” as an AI-created digital figure, voice, or representation and adding disclosure requirements for AI-generated advertising. | The announcement is a summary, not the full operative statutory text. Do not assume the same obligations apply in other states or to every use of synthetic media. |
| Tennessee | The governor described the ELVIS Act as updating Tennessee’s Protection of Personal Rights law to add voice protection against AI misuse for songwriters, performers, and music-industry professionals. | This is a Tennessee protection. Its scope and available remedies depend on the statute itself. |
| Federal: NO FAKES Act of 2025, S. 1367 | The bill was introduced on April 9, 2025 and referred to the Senate Judiciary Committee. SAG-AFTRA’s 2026 timeline describes it as pending. The proposal would establish a federal digital-replication right. | The cited record describes a proposal, not an enacted nationwide right. A proposed federal protection should not be treated as current law on that evidence. |
How is an AI replica right different from copyright?
Copyright and control over a person’s voice or likeness are related but distinct questions. Copyright asks whether a work has copyrightable human authorship and who owns or controls rights in that work. A digital-replica claim concerns use of a person’s identity or performance. A generated output could raise one question, both, or neither, depending on the facts and applicable law.
The U.S. Copyright Office treated these subjects in separate parts of its AI report: Part 1, on digital replicas, was published July 31, 2024; Part 2, on copyrightability of AI-generated outputs, followed January 29, 2025. The Office released a prepublication Part 3 on AI training in May 2025. The existence of copyright in an output does not, by itself, answer whether the use of someone’s voice or likeness was authorized.
What does the Sora 2 example show about consent?
In an October 2025 joint statement, SAG-AFTRA, OpenAI, Bryan Cranston, and representatives discussed Sora 2 generations that, during an initial invite-only release, had produced some outputs using Cranston’s voice and likeness without consent or compensation. The statement said OpenAI had strengthened safeguards and described its policy as opt-in for an individual’s voice and likeness.
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1Clear out junk files and repair common Windows errors2Fix the driver behind crashes, sound loss and screen glitches3Repair Windows errors before they cause bigger problemsThat account is an example of how generated content can prompt consent and compensation concerns; it does not establish that every platform has the same safeguards or that a platform’s policy cannot change. Sean Astin, SAG-AFTRA’s president, called for opt-in protocols and supported the NO FAKES Act in the statement. Those remarks express the union president’s advocacy position, not a legal finding.
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