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An AI performer waiver is a consent or licence clause—often a rider to an employment contract—that permits a studio to create and use a digital replica of a performer’s voice, likeness or performance. The phrase is practical shorthand, not the name of one standard legal form. The rights a studio receives depend on the exact wording, any applicable union agreement and the law governing the contract.
Signing one does not automatically give a studio unlimited rights to a performer’s identity or every future AI use. A carefully drafted waiver should distinguish the act of making a replica from generating new performances with it, identify the projects and uses, set payment and alteration rules, control retention and deletion, and address transfers and post-death use.
What an AI performer waiver actually covers
A waiver can authorize one or both of two different activities:
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- Replica use: generating new dialogue, images, movement or other performance material from that model.
Those permissions should not be treated as interchangeable. A contract might allow a studio to make a scan for a specific film but require a separate approval before the scan generates new dialogue for another production. The document should say which permission is being granted, for what purpose and for how long.
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A replica based on a real performer is different from a wholly synthetic character that is not intended to resemble an identifiable person. SAG-AFTRA describes an employment-based replica as one created with a performer’s participation for a particular project. An independently created replica is made outside a particular project and may later be licensed to a producer. That distinction affects consent, payment and the contract language a studio needs.
What a studio may ask you to authorize
Named projects, media and distribution
Look for a description of the named motion picture, episode, commercial, game, series or other production. It should identify the media in which the replica may appear—such as theatrical release, streaming, television, advertising, games or promotional material—and the territories and duration of use when those details are known.
A clause that simply says “all media now known or later developed” gives a studio a much broader argument than one that names a picture and its promotional campaign. Broad wording may also reach uses the performer did not expect, so ask for a schedule listing each project and the intended replica performance.
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Future productions and multiple-project exceptions
SAG-AFTRA’s TV/Theatrical resource says consent is generally required for each use. It describes a limited multi-project exception in which the contract must identify each episode or picture and describe the proposed use. A general promise covering “future productions” is therefore not the same as consent that identifies those productions and their uses.
If a studio later wants to use the replica in a way that goes beyond the description you approved, the same resource says additional consent is required. A change from a background replacement to a speaking role, or from one episode to a new series, should trigger a new approval rather than rely on an old catch-all sentence.
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Performance content and languages
The use description should cover what the replica may generate: exact dialogue or scripts where available, improvisation, singing, stunts, movement, facial expressions, dubbing, translations and synthetic languages. It should also identify the character or persona. Permission to reproduce a performer’s voice for an English-language commercial does not necessarily answer whether the studio may generate a different character speaking another language.
Rights and limits to check before signing
| Contract issue | What the clause should answer |
|---|---|
| Creation versus use | Does consent cover making the scan or model, generating new performances, or both? |
| Scope | Which named projects, characters, scenes, media, languages, territories and edits are included? |
| Additional uses | Does a changed use, new project or new advertiser require fresh written consent? |
| Payment | What is paid for capture, generated performances, holding, reuse and residual or use fees? |
| Alterations | May the studio change physical traits, nudity, accent, age, body shape or other characteristics? |
| Retention | How long may source scans, training material and replica files be stored, and for what purpose? |
| Deletion | When must copies be destroyed, who certifies deletion and what happens to completed media? |
| Transfer | Can the studio assign the replica to a parent company, buyer, platform or unrelated producer? |
| Death and withdrawal | Does consent survive death, and is there any contractual right to withdraw or limit later use? |
Ownership language needs particular care. SAG-AFTRA’s TV/Theatrical resource says an employer may own materials created from work on a motion picture. That ownership does not automatically authorize every use of a performer’s replica. Contract terms can still prohibit a use without the performer’s consent and, in most cases, further payment.
What the 2025 SAG-AFTRA commercials terms require
The 2025 SAG-AFTRA Commercials Contract bulletin sets specific rules for covered commercial work. Those rules apply to that union agreement, not automatically to every production or to performers who are outside its coverage.
Separate, conspicuous consent
Consent must be clear and conspicuous and obtained through a Digital Replica Rider or another writing separate from the employment contract. The producer must provide a reasonably specific description of the intended use. If the producer wants to go outside that description, it must obtain additional consent with another specific description.
Notice before generating a performance
The bulletin calls for notice and consent at least 48 hours before a generated performance is created, but never less than 24 hours. These are timing requirements for covered commercial performance generation, not a general rule that every studio must follow in every context.
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Payment
For use covered by the 2025 commercials terms, a generated performance is compensated at 150% of a session fee per commercial, plus applicable holding and use fees. The bulletin says a scale session fee may be applied to use fees. The 150% figure is a contract term for that agreement, not a market-wide rate.
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Unless the performer has explicitly consented within a reasonably specific description, the producer may not use the replica to change physical traits, make the performer appear nude or partially nude, or create a performance that could be offensive to a reasonable person. The bulletin gives changing hair color, eye color or accent as examples of physical-trait changes.
Retention and deletion
A producer may retain a replica through the commercial’s maximum period of use under the bulletin. Keeping it beyond that period requires written consent. If the performer has not consented to retention, the producer must permanently delete replica copies within 90 days and certify the deletion in writing. The commercial containing the generated performance does not have to be destroyed.
Limits on certain not-yet-engaged uses
For certain commercial uses involving a performer who has not yet been engaged, the bulletin limits use to the same advertiser and product line and to production within the original commercial’s maximum period of use. This is a restriction in that commercials agreement, not a universal rule for all AI replicas.
Transfer, post-death use and security
Assignment to another company
Read any assignment clause together with the replica grant. A transfer provision may let a studio assign the contract to a production company, buyer, distributor or corporate affiliate. Ask whether the recipient must honor the original project limits, payment obligations, security controls and deletion deadline. If the document permits an unrestricted transfer, the practical reach of the waiver can expand far beyond the original employer.
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Consent after death
SAG-AFTRA’s February 2026 interactive bulletin states that consent granted during a performer’s lifetime remains valid after death unless the parties bargain otherwise. That statement is agreement-specific. A waiver should say whether post-death use is allowed, for which projects, for how long and who receives payments. Estate-consent laws may also apply.
Storage and security
Ask where scans and model files will be stored, who can access them, whether they may be used to train another system and how backups are handled. A promise to delete a “replica” may not address raw scans, audio stems, motion-capture data, prompts, derived models or cloud backups. The contract should define the materials covered by retention and deletion and require written certification when deletion is due.
United States statutory backdrop
New York: General Obligations Law § 5-302
New York General Obligations Law § 5-302 addresses provisions in personal- or professional-services agreements that allow a digital replica to replace work the individual would otherwise perform in person. Under the conditions described by the statute, a provision can be void and unenforceable as to the new performance when it lacks a reasonably specific use description or lacks the required negotiating legal representation or labor-organization agreement coverage.
The statute defines a digital replica as a digital simulation so closely resembling the person’s voice or likeness that a layperson could not readily distinguish it from the authentic one. The New York Senate page displaying the current revision is dated January 3, 2025. Whether a particular waiver is enforceable still requires applying the statute to the contract, the parties and the facts.
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In September 2024, California’s governor announced that AB 2602 requires certain contracts to specify the use of AI-generated replicas of a performer’s voice or likeness and requires professional representation in negotiation. The same announcement said AB 1836 requires estate consent for commercial use of deceased performers’ digital replicas in specified entertainment media.
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These measures concern contract formation and post-death commercial use. They do not turn every AI clause into a valid grant, and they do not eliminate the need to examine the applicable union agreement and the actual wording.
California: audience disclosure is a separate issue
Permission from a performer and disclosure to an audience are different legal questions. California Governor Gavin Newsom announced that SB 1050, signed September 16, 2026, requires explicit disclosure in video or audio advertisements using AI-generated performers to sell products or services and prohibits continued use of an advertisement found in violation. Newsom summarized the policy by saying, “Californians deserve to know when the person selling them something isn’t a person at all.”
SB 1050 addresses what an advertiser must tell the audience; it does not replace a performer’s consent or decide what rights a studio obtained from a waiver.
How to review a waiver step by step
- Identify the legal parties. Confirm the contracting studio, production entity, advertiser, performer and any union or representative involved. Check which jurisdiction’s law and dispute forum apply.
- Mark every replica permission. Separate language about scanning, model creation, training, generation, editing, distribution and advertising. Do not assume one grant covers all of them.
- Write the use description in plain language. List the project, episode or commercial; character; dialogue; language; media; territory; term; and whether the replica may create new material or only reproduce approved material.
- Test future-use language. Ask whether a new episode, sequel, advertiser, product line, platform or campaign requires fresh consent. If a multi-project exception is invoked, verify that each project and proposed use is identified.
- Calculate compensation. Find separate amounts for capture, generated performances, holding, reuse and use fees. If a union term such as 150% of a session fee applies, confirm how the session fee is defined and when payment is due.
- Review alteration restrictions. Look for controls on nudity, offensive material, age, body, face, hair, eyes, accent, voice style and other traits. Require explicit approval for any sensitive alteration.
- Set retention and deletion rules. Define source files, models, derivatives and backups; set an end date; require written certification; and state whether finished programs may remain available.
- Limit transfers. Require any assignee to accept the same scope, payment, security and deletion duties. Identify whether sublicensing or model training is allowed.
- Address death and withdrawal. State whether consent survives death, whether the estate receives payment and whether any withdrawal or suspension right exists.
- Obtain qualified review. Compare the draft with the applicable union contract and law, and have a qualified entertainment lawyer or union representative review it before signing when the replica has significant value.
Red flags and common misunderstandings
- “All rights in perpetuity” without a use description: duration alone does not explain what the replica may generate.
- One sentence covering creation and every future use: it may obscure separate consent requirements and payment triggers.
- Ownership presented as permission: owning a scan or finished material is not the same as having consent for every replica performance.
- Deletion limited to the visible model: raw recordings, derived files and backups may remain unless the clause includes them.
- Silence on altered traits: without an express restriction, the parties may disagree about changes to appearance, voice, accent or context.
- Assuming union terms apply everywhere: SAG-AFTRA provisions govern their covered agreements; they are not automatic rules for nonmembers or unrelated productions.
- Confusing disclosure with consent: telling viewers that an AI performer was used does not itself authorize the performer’s replica.
Comparing two proposed waivers
When choosing between drafts, compare the clauses in the same order rather than focusing only on the headline grant.
| Comparison axis | Narrower, performer-protective wording | Broader studio wording |
|---|---|---|
| Project scope | Names each picture, episode or commercial and describes the use | Uses a general future-production or all-media grant |
| Generation | Requires approval for each new performance or changed use | Allows generation from the model without a new approval trigger |
| Alterations | Requires explicit consent for physical-trait, nudity or offensive changes | Leaves alteration limits largely to general production discretion |
| Retention | Sets an end date, covers derivatives and requires deletion certification | Allows indefinite storage or does not define replica copies |
| Transfer | Assignee must accept the same limits and payment duties | Permits assignment or sublicensing without equivalent safeguards |
| Post-death use | States whether estate consent, payment or a new approval is required | Allows continued use without a clear estate process |
The better draft is the one whose permissions, payment triggers, safeguards and end points can be understood without guessing. Because enforceability depends on the actual document and jurisdiction, a comparison table cannot substitute for legal review.
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