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Protecting an actor’s likeness in AI-assisted VFX requires more than a general release. A production must separately authorize creating a digital replica, generating new performances, distributing the result, retaining the underlying files, and reusing the asset. Those permissions also sit alongside union rules, state publicity and estate laws, copyright ownership, privacy and security duties, and any disclosure requirement for synthetic performers.
The safest workflow is to inventory every source asset, define each intended use in specific language, obtain documented consent under the applicable contract and law, control access to the replica, and maintain a deletion and disclosure record. The examples below emphasize U.S. and California rules and the SAG-AFTRA 2025 Commercials Contract; they are not a universal legal checklist.
Start with the right question: what exactly is the AI asset?
“AI likeness” can describe several different things. A production may capture a face scan, train a model on an actor’s voice, clean up a stunt performance, generate a new facial expression, or create an entirely new scene using a performer’s digital double. Each activity can trigger different permissions and payment terms.
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Before anyone signs a release, classify the proposed work:
- Capture: scanning the face or body, recording voice, motion-capture sessions, photography, or performance reference.
- Processing: editing, rotoscoping, de-aging, face replacement, voice conversion, or training an internal tool.
- Generation: producing a new performance, line reading, movement, expression, or scene the actor did not render.
- Distribution: placing the result in a film, series, commercial, game, trailer, social post, or other medium.
- Reuse: carrying the scan, model, or generated performance into a sequel, spin-off, new campaign, localization, or unrelated project.
- Retention: keeping source scans, embeddings, model weights, reference footage, or vendor backups after the stated project ends.
A release that names only “digital effects” or “future technologies” may leave these decisions dangerously ambiguous. Treat creation, use, and reuse as separate approvals.
Separate the legal layers instead of relying on one release
Rights in a person, rights in a performance, and rights in a file are not the same thing. A contract can grant one without resolving the others.
| Layer | What it governs | Questions to document |
|---|---|---|
| Performer and publicity rights | Use of a recognizable face, body, voice, name, or persona | Whose likeness is used, for what purpose, where, and for how long? |
| Union or guild agreement | Notice, consent, compensation, working time, alteration limits, and replica handling for covered work | Which agreement and category apply? Are the current terms different for commercials, television, theatrical, interactive, or other work? |
| Contract permission | The negotiated scope between production and performer | Does the wording identify the project, media, territory, term, advertiser or character, edits, reuse, and retention? |
| Copyright in source assets | Footage, photographs, recordings, scans, scripts, costumes, and other protected works | Who owns or licenses each input, and may it be supplied to an AI vendor? |
| Copyright in AI-assisted output | Protectability of human-authored contributions and other output elements | Which people made creative choices, and which portions were generated or machine-selected? |
| Training-data rights | Use of copyrighted material to train or fine-tune a model | Is any source material being retained for training, and what permission or legal basis applies? |
| Disclosure and labeling | Notices to audiences about synthetic performers or advertising | What rules apply in each distribution jurisdiction and medium? |
The U.S. Copyright Office treats digital replicas, copyrightability of generative-AI outputs, and generative-AI training as separate subjects in its multipart report. Its report index lists Part 1 on digital replicas (July 31, 2024), Part 2 on copyrightability (January 29, 2025), and Part 3 on training, identified there as prepublication at the time of that page. Consult the current index at copyright.gov/ai. A likeness release does not, by itself, settle authorship, ownership, or training-data questions.
What an AI likeness release should say
Use a separate rider or clearly isolated section for AI uses. The document should be understandable without forcing a performer to infer permissions from broad language about “technology” or “ancillary rights.” Have entertainment counsel adapt it to the governing law and agreement.
Identify the person and the source material
- Legal name and professional name of the performer.
- Whether the authorization covers face, body, voice, name, mannerisms, motion-capture data, photographs, scans, or recorded performances.
- The specific files, sessions, scenes, or asset IDs being used.
- Whether pre-existing material or material captured for the new project is included.
Describe the intended use with concrete boundaries
For covered commercials, the SAG-AFTRA bulletin calls for clear and conspicuous consent in a separate writing or rider, accompanied by a reasonably specific description of the intended use. If the producer expands the use beyond that description, additional consent and a new description are required. The description should state:
- Project title, production entity, advertiser, product, role, character, or campaign.
- Media and formats, such as theatrical release, broadcast, streaming, cinema advertising, social platforms, games, or internal demonstrations.
- Territory, languages, release windows, and term.
- Whether the replica may create a new performance or only modify an already recorded performance.
- Permitted editing, dubbing, translation, de-aging, body alteration, or compositing.
- Promotional, publicity, behind-the-scenes, and archival uses.
- Whether the asset may appear in a sequel, remake, spin-off, reshoot, localization, or a different campaign.
- Whether any data may be used to train, fine-tune, evaluate, or improve a model.
Set alteration and sensitive-content limits
The 2025 commercials bulletin restricts certain changes to a performer’s physical traits and certain nude, partially nude, or potentially offensive depictions without explicit consent within a reasonably specific description. Your rider should identify prohibited or approval-required changes, including age, body shape, race or ethnicity cues, disability representation, voice characteristics, nudity, sexual content, violence, criminal conduct, political or religious messaging, and endorsements that could imply personal support.
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Define approval, notice, and dispute procedures
Specify when the performer receives notice of a generated performance, whether approval is required or notice is sufficient, who can resolve a disputed use, and how quickly the production must respond. A practical clause names one responsible production contact, a method for delivering notices, and an escalation route to the union or counsel where applicable.
State payment and reporting terms
Compensation should distinguish capture time, ordinary performance work, replica creation, each generated performance, media use, extensions, and reuse. The SAG-AFTRA 2025 Commercials Contract bulletin describes compensation of 150% of a session fee per commercial in which a replica-generated performance is used. That is a term of that agreement and year, not an industry-wide rate. The rider should also state reporting dates, audit or records access where negotiated, residual or use fees where applicable, and payment for expanded territory or term.
Address vendors and downstream access
Name the categories of vendors that may process the asset, such as scanning companies, visual-effects houses, model providers, localization teams, cloud storage operators, and post-production facilities. Require written confidentiality and security obligations, prohibit unapproved subcontracting, and require the production to track transfers. State whether a vendor may retain copies, use the material for product improvement, or combine it with another customer’s data.
Use the SAG-AFTRA commercials rules only where they apply
The June 2025 Commercials Contract bulletin is a useful model for production controls, but it does not automatically govern a feature film, television episode, game, music video, or nonunion engagement. Confirm the performer’s coverage and the actual signed instrument. SAG-AFTRA’s AI resource page records a June 2026 ratification of a new TV/Theatrical Agreement with additional synthetic-use restrictions and developments in commercials, interactive media, and other categories. Use the relevant current agreement at SAG-AFTRA’s AI resources page, rather than transferring commercials terms to another sector.
For covered commercials, the bulletin includes these operational points:
| Issue | Bulletin treatment | Production action |
|---|---|---|
| Replica-creation session | Creation recording is treated as work time; advance notice and consent rules include a 48-hour standard and a 24-hour minimum in specified situations. | Schedule the session only after confirming notice, consent, and the applicable situation. |
| Use description | Consent must be clear and conspicuous, in the specified writing or rider format, with a reasonably specific intended-use description. | Attach the description to the signed production record and asset manifest. |
| Expanded use | Going beyond the original description requires additional consent and a new description. | Pause the new use until the amendment is signed. |
| Generated performance pay | 150% of a session fee per commercial using a replica-generated performance, under that agreement. | Apply only after verifying coverage, definitions, and the current agreement. |
| Security | Commercially reasonable efforts are required to protect a replica from unauthorized access, use, or copying. | Use access controls, encryption, logging, vendor restrictions, and incident procedures. |
| Retention and deletion | Written consent is required for retention past the maximum use period; if retention consent is not obtained, copies must be permanently deleted within 90 days and deletion certified in writing. Existing commercials containing generated performances do not have to be destroyed under that provision. | Record the retention decision, schedule deletion, collect vendor confirmations, and preserve the written certificate. |
California rules: AB 2602, AB 1836, and SB 1050
AB 2602 and specific replica clauses
The California Governor’s September 17, 2024 announcement says AB 2602 addresses AI-replica contract clauses by requiring a reasonably specific description of intended uses and professional representation in negotiating certain clauses. Read the announcement at the California Governor’s Office. Confirm the statute’s operative language, definitions, exceptions, effective dates, and whether the particular engagement falls within its scope.
AB 1836 and deceased performers
The same announcement describes AB 1836 as requiring estate consent before commercial use of a deceased performer’s digital replica in covered entertainment contexts. Do not assume that a release signed while the performer was alive eliminates post-mortem requirements. Identify the estate or other authorized representative, confirm the duration and territory of any post-mortem right, and obtain written consent for the specific project and use.
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In a March 20, 2026 statement about a reported Val Kilmer replica, SAG-AFTRA said: “Any use of digital replicas must be transparent, properly authorized and fully aligned with the rights of performers and their estates.” That is SAG-AFTRA’s institutional statement, not a judicial holding; read it at SAG-AFTRA’s statement.
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A September 16, 2026 California Governor’s Office announcement says SB 1050 requires synthetic figures to be labeled and describes the measure as a transparency rule. Because that source is an announcement, consult the operative law for definitions, effective dates, exceptions, and applicability before deciding what notice must appear on screen, in advertising, or in metadata. The announcement is available at the California Governor’s Office. A disclosure requirement is not the same as performer consent, a license, or a copyright assignment.
Protect the replica like a high-value production asset
A signed release is not a security control. Store the asset and its permissions together, but limit access to people who need it for the approved purpose.
- Create an asset register. Give every scan, voice model, reference clip, model checkpoint, generated take, and export a unique ID. Record the source performer, capture date, vendor, project, permitted uses, and retention deadline.
- Use least-privilege access. Separate read, edit, generation, export, and deletion permissions. Require multi-factor authentication and remove access when a crew member or vendor leaves the project.
- Encrypt and log transfers. Use encryption in transit and at rest. Log who accessed, copied, generated, exported, or deleted each file.
- Control vendors. Require approved storage locations, breach notification, no model training or product improvement without written permission, and deletion of working copies and backups according to the agreed schedule.
- Watermark internal previews. Mark drafts and test renders so an unauthorized preview cannot be mistaken for an approved final performance.
- Prepare an incident path. Identify who can suspend access, preserve logs, notify the performer or union, investigate the source, and remediate an unauthorized release.
- Certify lifecycle completion. At wrap, document which files were deleted, which were returned, and which remain under an expressly authorized archival exception.
A production workflow that keeps rights decisions auditable
1. Inventory every input
List face and body scans, motion capture, voice recordings, photographs, footage, wardrobe references, scripts, performance data, and third-party copyrighted material. Mark whether each item is newly captured, pre-existing, licensed, employee-created, or supplied by a vendor.
2. Identify every permission holder
Check the performer, estate where relevant, union or guild under the applicable agreement, owner of source footage, photographer, composer, costume designer, and any other rights holder. A performer’s consent does not automatically license a copyrighted photograph or a separately owned recording.
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For each asset, record project, role or character, media, territory, term, purpose, editing boundaries, promotional use, sequel or campaign reuse, vendor access, retention, deletion, and training restrictions. If a field is not authorized, mark it as prohibited rather than leaving it open to interpretation.
4. Obtain consent before capture or generation
Deliver the rider and intended-use description before the replica-creation session. Preserve the signed copy with the asset manifest. For union work, confirm the notice period, required form, and payment terms in the current agreement.
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5. Approve changes through a change-control gate
When editorial, marketing, localization, or a vendor proposes a new use, compare it with the signed description. If it exceeds the scope, stop processing and obtain additional consent and a new description before generating or distributing the material.
6. Track compensation and reporting
Match each generated performance and distribution use to the applicable fee, session record, use report, and payment date. Keep the contract-specific 150% example confined to covered commercials; do not use it as a default rate for other work.
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7. Verify disclosure before release
For every territory and medium, check whether synthetic performers must be labeled and where the notice must appear. Coordinate legal, marketing, platform, and localization reviews. Do not treat a watermark as a substitute for permission.
8. Close or renew the lifecycle
At the end of the term, delete or archive only what the agreement permits. If a new project wants the same scan or model, treat that as a new use decision, not an automatic continuation.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How to evaluate proposed contract language
When comparing a broad studio form, a performer rider, or a vendor agreement, score each proposal against these questions:
| Comparison axis | What a protective clause should answer |
|---|---|
| Creation, use, and reuse | Are capture, generation, distribution, and later projects separately authorized? |
| Purpose and media | Does the language identify the project, role, advertiser, platforms, formats, and promotional uses? |
| Term, territory, and post-mortem rights | When and where may the replica be used, and what happens after death or contract expiry? |
| Compensation and reporting | Are capture, generated performances, extensions, reuse, and records access addressed? |
| Alteration and approval | Are physical changes, sensitive depictions, notice, and approval mechanisms defined? |
| Security and vendors | Who may access the asset, where may it be stored, and may subcontractors process it? |
| Retention, deletion, and training | What is deleted, when, how is deletion certified, and may any data train a model? |
| Disclosure | What audience notice is required in each jurisdiction and medium? |
| Governing law and coverage | Which statute, contract, union agreement, and dispute process control? |
Common failure modes and fixes
“The actor signed a standard release, so AI is covered.”
Why it fails: A general publicity or performance release may not describe independent generation, retention, or reuse. Fix: add a separate, specific AI rider and attach the intended-use description.
“The scan is ours because we paid for it.”
Why it fails: Ownership of a file does not automatically answer publicity, contractual, copyright, or training-data questions. Fix: document each rights layer and obtain permissions from the relevant holders.
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“The sequel is the same character, so reuse is implied.”
Why it fails: A new production, campaign, territory, or medium may exceed the approved purpose. Fix: compare the proposed use with the signed matrix and obtain an amendment where necessary.
“We can keep the model in case marketing needs it later.”
Why it fails: Retention may require separate consent and creates security exposure. Fix: set a documented deletion date, obtain written retention consent where required, and collect vendor certificates.
“A disclosure solves the rights problem.”
Why it fails: Labeling informs the audience but does not grant permission or transfer copyright. Fix: complete consent, licensing, and disclosure reviews independently.
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“The commercials rule applies to every production.”
Why it fails: Union agreements and statutory protections vary by category, jurisdiction, and date. Fix: verify the current agreement and obtain category-specific advice.
Questions performers and producers should answer before a session
- Will the system create a performance the actor never rendered, or only modify an existing take?
- Which exact files and recordings will be used to build the asset?
- Can the result be reused in another scene, sequel, campaign, localization, trailer, or game?
- Can the face, body, voice, age, or other traits be altered, and who approves sensitive changes?
- Who receives the files, and may any vendor retain or train on them?
- What compensation applies to capture, generation, distribution, extension, and reuse?
- What happens when the term ends or the performer dies?
- What notice must accompany a synthetic performance in each release market?
- Which union agreement, state law, contract, or estate right governs a dispute?
When to involve counsel or the union
Obtain individualized advice before signing or generating when the language covers an unlimited term or territory, grants broad future-project rights, permits model training, allows sensitive or reputationally risky alterations, involves a deceased performer, conflicts with a union agreement, or combines multiple countries and distribution platforms. Counsel can also determine whether a source image, recording, scan, script, or model input requires a separate copyright license.
The practical standard is simple even when the law is not: make the intended use specific, obtain permission before the asset is made or used, pay under the agreement that actually covers the work, secure the files, and document deletion or authorized retention. Revisit the analysis whenever the project, medium, vendor, territory, term, or generated performance changes.
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