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Short answer: A production generally cannot scan a SAG-AFTRA performer, create a recognizable digital replica, or reuse that replica for a new purpose on covered work without following the consent, notice, bargaining and compensation terms of the applicable collective bargaining agreement. The current SAG-AFTRA TV/Theatrical agreement was ratified on June 4, 2026, and runs from July 1, 2026, through June 30, 2030. It covers specified motion-picture, television, streaming and new-media employment—not every film, show or performer automatically.
The result depends on six facts: whether the production is covered and signatory to the agreement; whether the asset is a recognizable replica or a non-identifying synthetic; whether it reproduces captured work or generates a new performance; what the performer consented to; whether the performer is living or deceased; and which jurisdiction’s law applies. State statutes can add requirements, but neither the union contract nor California law is a universal rule for every production.
Which rules apply to a production?
Start with coverage, not the software used. The 2026 SAG-AFTRA TV/Theatrical agreement governs covered employment under the union’s agreements and binds signatory producers. A production outside that coverage may still face state privacy, publicity, labor or contract law, but the SAG-AFTRA procedures do not automatically follow the performer into every project.
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| Situation | Primary rule set | What that means |
|---|---|---|
| SAG-AFTRA performer on covered, signatory motion-picture, television, streaming or new-media work | 2026 TV/Theatrical collective bargaining agreement, effective July 1, 2026–June 30, 2030 | Follow the agreement’s replica and synthetic provisions, including notice, consent, bargaining, compensation and data-handling requirements that fit the proposed use. |
| Nonunion performer or non-signatory production | Individual contract plus applicable law | No blanket national AI-likeness rule applies. The written release, state law and facts of the use control. |
| California employment-based replica agreement | California AB 2602, within its statutory scope | Specified agreements must satisfy California requirements, including professional representation in negotiation. The statute is not a nationwide rule. |
| Commercial use of a deceased performer’s replica in California | California AB 1836, within its statutory scope | Consent by the estate is addressed for specified commercial uses; exceptions and definitions matter. |
| Audio or video advertisement using an AI-generated performer to sell goods or services in California | California’s September 2026 SB 1050 announcement | The announcement describes explicit disclosure. Confirm enacted language and the effective date before treating it as a current compliance duty. |
The union reported that the 2026 agreement passed with 91.42% voting yes and 8.58% voting no, on a 19.25% ballot return. Those figures describe ratification of the agreement, not public opinion about AI likeness policy.
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Digital replicas and synthetics are different
Digital replica
A digital replica resembles a specific person. It may be built from a body scan, facial capture, voice recordings, motion data, prior footage or a combination of those materials. Recognition is the key concept: viewers or the production can identify the represented individual. A replica can reproduce an existing captured performance or generate a new performance that the person never physically delivered.
Synthetic performer
A synthetic resembles a person but is not recognizable as a specific individual. It could be a generated face, body or voice created for a role without copying one named performer. The agreement treats this category separately because the consent and payment questions differ from using a worker’s identifiable likeness.
Do not label every computer-generated character a “digital double.” The classification should be made before contracting, because a recognizable scan, a voice clone, a background replacement and a wholly invented synthetic can trigger different obligations.
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What a production must examine before scanning or creating a replica
SAG-AFTRA says the 2026 agreement adds an articulable business reason for scanning and strengthens consent and compensation protections for creating and using replicas. That does not mean every scan is forbidden, nor does a generic clause automatically satisfy every circumstance. The exact agreement language and the proposed use must be reviewed together.
- Define the business purpose. Write down why a scan or capture is needed: for example, continuity, a stunt double, a specific scene, promotional material or an expressly negotiated future use. “For any purpose” is not a meaningful description of a production decision.
- Identify the asset. State whether the production will capture a face, body, voice, movement, performance data or a complete digital character, and whether the result will be recognizable as the performer.
- Describe the use and medium. Specify the project, character, scenes, territory, release channels, publicity, advertising and duration covered by consent. A release for one film is not automatically consent for a sequel, series spin-off, game, advertisement or unrelated production.
- Obtain clear, specific consent. The performer should know what will be captured, how it will be processed, who may access it and what later uses require a new approval and payment.
- Set compensation. The agreement’s compensation provisions and the negotiated deal should identify payment for creation and for uses that are separately compensable. Do not assume that the day rate covers every later digital use.
- Control the data. Limit access, document storage and deletion or retention rules, and use secure procedures when replica data is transferred. The 2026 agreement includes protections concerning secure handling and transfer.
- Check special protections. Minors’ replicas receive specific protections. A producer should obtain the required parent or guardian approvals and follow any additional agreement safeguards instead of treating a minor’s scan like an adult’s.
- Review labor-status issues. The agreement restricts uses that would allow a replica to cross a picket line. Labor counsel and the union should be consulted when a digital performance is proposed during a dispute.
Background actors: useful history, not a substitute for the current agreement
SAG-AFTRA’s FAQ about the 2023 terms said a background actor generally needed at least 48 hours’ advance notice before a scan, or notice at hiring when less time was available. It also described clear, specific use consent and renewed consent and payment for a different project or different use. The 2026 agreement supersedes or modifies earlier terms where its language says so. Productions should therefore check the current agreement before quoting those 2023 timing rules as a present-day requirement.
How synthetic-performer proposals are handled
The synthetic provisions address a generated performer that is not recognizable as a particular individual. SAG-AFTRA describes notice and bargaining on a strict schedule, along with a right to arbitrate alleged violations and seek damages. The agreement records a preference for human performance: producers say they do not intend to use a synthetic in a human role otherwise performed by a person unless it brings “significant additional value.”
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“Significant additional value” is a negotiated contractual phrase, not a general legal test for all United States productions. A producer considering a synthetic should provide the notice required by the agreement, bargain within its timetable and preserve records showing the proposed role, the reason for the synthetic and the bargaining outcome. A production cannot convert a replica dispute into a synthetic issue merely by making the generated performer look different if the source material remains recognizably tied to one actor.
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Living performers
For a living performer, the central questions are the scope of the written consent, the negotiated payment and whether the proposed use is the same project and purpose described at capture. Consent to create a replica does not automatically authorize every later performance, medium or commercial use.
Deceased performers
When the performer has died, an estate or other authorized representative may need to consent, depending on the agreement, statute, contract and jurisdiction. SAG-AFTRA’s March 2026 statement about the use of Val Kilmer’s likeness said the applicable collective bargaining agreement and state law required estate consent, and reported that the family consented. That is an example of union enforcement and estate participation, not proof that every jurisdiction requires the same approval for every deceased person’s likeness.
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California AB 1836 addresses consent by estates for specified commercial uses of deceased performers’ replicas. Its definitions, exceptions and territorial reach must be checked against the actual production. A fictional film scene, a trailer and an advertisement may not be treated identically under the statute.
What California’s newer laws add
AB 2602
California’s AB 2602 announcement describes contract requirements for specified employment-based agreements involving performer replicas, including professional representation in negotiation. It does not establish a rule that every scan anywhere requires a union signatory, and it should not be read as granting or denying ownership of every resulting file.
AB 1836
AB 1836 concerns specified commercial uses of replicas of deceased performers and the role of estates in consenting to those uses. Producers should confirm the statutory definitions, effective dates and exceptions before relying on an estate release or assuming one is unnecessary.
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SB 1050 announcement
California’s September 2026 announcement for SB 1050 describes explicit disclosure in audio or video advertisements that use AI-generated performers to sell a product or service. That is narrower than a disclosure requirement for all AI-generated film and television content. Confirm the enacted statutory text and start date before adding a disclosure to a compliance checklist.
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Use the following questions in order. They are a practical analysis framework, not a universal statutory checklist.
| Question | If yes | If no or uncertain |
|---|---|---|
| Is the production covered by the current SAG-AFTRA agreement and a signatory relationship? | Apply the agreement’s replica and synthetic procedures. | Analyze the individual contract and applicable law; do not assume union terms. |
| Is the output recognizable as one specific performer? | Treat it as a digital-replica issue. | Assess whether it is a synthetic and apply any synthetic notice and bargaining rules. |
| Does it reproduce captured work or create a new performance? | Describe both the source material and the new use in the consent. | Document that no captured performance or identifiable likeness is being reused. |
| Does the proposed use match the project, purpose, medium and duration originally approved? | Confirm the existing consent covers it. | Obtain renewed consent and negotiate any additional payment required. |
| Is the performer deceased? | Identify the estate or authorized representative and check applicable law. | Use the living-performer consent and compensation analysis. |
| Does a state statute apply? | Follow its definitions, formalities and effective date. | Do not export one state’s rule to another jurisdiction. |
Contract language and records that prevent disputes
A workable clause should identify the exact project and character, the captured inputs, the permitted output, media and territory, term, publicity rights, security controls, deletion or retention, compensation triggers, approval or notice procedures, and the process for later reuse. It should say whether the production may train a model on the captured material, whether a vendor may receive it, and whether the production can transfer the replica to a sequel or unrelated employer. If any item is intentionally excluded, say so plainly.
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Common mistakes and how to correct them
- “The actor signed a scan release, so anything is allowed.” Correct it by matching each use to the stated project, purpose, medium and term; renegotiate a materially different use.
- “A generated face is automatically a synthetic.” Correct it by testing whether viewers can recognize a specific performer or whether the model was trained or shaped from that person’s identifiable material.
- “The union agreement is a federal law.” Correct it by identifying the covered employment and signatory relationship, then analyzing state law separately.
- “California’s rule applies to every production.” Correct it by checking the statute’s jurisdiction, definitions, effective date and exceptions.
- “An estate release is always enough.” Correct it by checking collective bargaining obligations, publicity rights, contract terms and the particular commercial or fictional use.
- “The 2023 background-actor FAQ is the current rule.” Correct it by reading the 2026 agreement where it supersedes or changes earlier language.
- “A vendor’s security policy protects the producer.” Correct it by putting access, transfer, retention, deletion and breach responsibilities in the production and vendor agreements.
What remains unsettled
Official sources do not establish a single United States law governing every AI likeness use. They also do not establish a reliable industry-wide statistic showing how often replicas are used or what effect they have on jobs, budgets or audience response. Those questions should not be answered with invented percentages or claims that one agreement predicts the entire market.
The safest conclusion is narrower and more useful: on covered SAG-AFTRA work, classify the proposed output correctly, document an articulable business reason, obtain specific consent, follow notice and bargaining procedures, pay for the uses agreed, protect the data and revisit approval for later uses. For nonunion work, perform the same analysis through the written contract and the law of the relevant jurisdiction, with entertainment counsel when the facts are complex.
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