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An “AI waiver” is an informal name for contract language about creating or using a digital replica of an actor’s voice, likeness, or performance. It is not one standard form: the rights it covers depend on the wording, the production’s applicable union agreement, and the governing law. A clause may address permission to create a scan or voice model, permission to generate or use new performances, where and for how long the replica may be used, payment, limits on changes, and safeguards for stored materials.
What does an AI waiver for an actor cover?
The phrase usually refers to a contract clause or rider granting or regulating permission to make or use a performer’s digital replica. It can cover a voice, image or likeness, motion, or a combination. SAG-AFTRA’s terminology distinguishes an employment-based replica—created in connection with employment, such as through a scan—from an independently created replica made without the performer’s participation. Those are union-framework definitions, not universal legal definitions.
The word “waiver” can be misleading. Some provisions ask a performer to grant permission; others set conditions the producer must meet before creating or using a replica. The operative language, not the label, determines what the performer has agreed to.
Why are creation and use separate permissions?
Permission to capture source material is not necessarily permission to use a generated performance. Scanning, recording, or using other material to create a model raises a different question from generating new dialogue or images and placing them in a project. An agreement should make clear which activity is authorized and for what purpose.
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SAG-AFTRA’s TV/Theatrical guidance says consent for replica creation and use must be clear and conspicuous, separately signed or initialed, and tied to a reasonably specific description of intended use. It says consent is generally required for each use, subject to limited exceptions, and again if the proposed use changes. That guidance reflects the described TV/Theatrical terms; it should not be assumed to govern every production.
A producer’s ownership of materials made during work on a motion picture does not, by itself, answer whether the producer may use a performer’s replica without consent or additional payment. SAG-AFTRA’s TV/Theatrical guidance treats ownership of materials and the separate consent and payment requirements as distinct issues.
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What should an actor check before signing?
- What is replicated? Identify whether the clause covers voice, likeness, movement or performance, and whether it includes source recordings, scans, or model training.
- What exactly is the permitted use? Look for the project, intended performance, medium, distribution context, term, and any limits such as advertiser or product line. Broad wording can leave uncertainty about what future work is covered.
- How is consent recorded? Check whether consent is in a separate rider or writing, and whether it must be signed or initialed. The applicable union agreement may set its own form and notice rules.
- When is new consent needed? Ask whether each new project or use, a material change to the performance, or a new distribution context requires fresh consent. Confirm any exception is described in the agreement and its scope is specific.
- What compensation applies? Separate payment for creation time from session fees, use fees, residuals, reuse, or payment for additional generated performances. Do not assume a fee stated for one contract applies to another.
- What alterations are allowed? Check whether the producer may change the performer’s traits, create nudity, or place the replica in an offensive portrayal, and whether any such use requires express, specific consent. Distinguish those changes from routine editing if the contract does.
- Who can access the materials? Look for security obligations and whether the producer may share a model or source files with vendors or other third parties.
- How long can the replica be kept? Check the retention period, what happens when permission ends, and whether deletion must be confirmed in writing.
- Which rules govern this job? Identify the production’s actual collective bargaining agreement and the relevant jurisdiction. A general summary cannot determine which terms bind a specific engagement.
How do the rules differ across production types?
Union guidance and contract terms are not interchangeable. This comparison identifies the scope of the cited materials, not a universal rule for every performer or production.
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|---|---|---|
| SAG-AFTRA TV/Theatrical guidance describing 2023 terms | Separate, clear and conspicuous consent; a reasonably specific intended-use description; consent generally for each use, with limited exceptions. It also describes 48 hours’ notice before scanning, or notice at hiring when the performer is hired less than 48 hours beforehand. | For the stated multi-project exception, the producer must identify each episode or picture and describe the use in each. A change beyond the agreed scope calls for new consent. These are TV/Theatrical terms, not a default for commercials or games. |
| SAG-AFTRA 2025 Commercials Contract bulletin | Creation and use notice, separate written consent, specific-use descriptions, compensation, restrictions on certain modifications, security efforts, and retention and deletion terms. | Notice timing varies with the circumstances. The bulletin describes 48 hours’ notice and a 24-hour minimum in specified short-hire situations; these timings should not be collapsed into one universal deadline. The rules apply to the cited commercials contract. |
| SAG-AFTRA February 2026 Interactive Media Agreement bulletin | A distinct framework for digital replicas and independently created digital replicas, with visual and voice categories and its own consent requirements. | For games and other interactive work, consult the applicable agreement rather than importing TV/Theatrical or commercial terms. |
What is the 2025 commercials payment and deletion example?
Under SAG-AFTRA’s 2025 Commercials Contract bulletin, a performer is to receive 150% of a session fee for each commercial in which a replica-generated performance is used. The bulletin also treats the generated performance as if the performer had performed in person for applicable holding and use fees at scale. This is a provision of that 2025 commercials contract, not a standard rate for actors across film, television, games, or other work.
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The same bulletin links permitted retention to the commercial’s maximum period of use. Longer retention requires written consent; if the performer does not consent to retention, the producer must permanently delete copies within 90 days and certify deletion in writing. The bulletin also requires commercially reasonable efforts to protect against unauthorized access, use, or copying. An actor should check the actual agreement for its treatment of vendors and third-party access; these terms should not be presumed to apply outside the cited contract.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What does California law say?
California Labor Code section 927, added by AB 2602 and effective January 1, 2025, addresses specified provisions in personal- or professional-services agreements that would permit a digital replica to supply a new performance in place of the individual. Its enforceability test includes requirements concerning reasonably specific intended uses and representation by counsel or a labor union. The statute also contains an exception where the use is consistent with the services agreement and the fundamental character of the recorded photography or soundtrack.
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That is not a nationwide ban on AI clauses, nor does it make every replica agreement invalid. California’s AB 1836 concerns postmortem voice and likeness rights for deceased performers; it is a separate issue from the living-performer contract provisions addressed by AB 2602. The applicable law depends on jurisdiction and circumstances.
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What to do if the clause is unclear
- Ask which collective bargaining agreement and jurisdiction govern the engagement.
- Request the complete rider and the specific description of the intended replica use, not only a summary or broad consent sentence.
- Ask the producer to clarify the project, performance, media, term, payment, consent triggers, permitted alterations, access, and deletion obligations in writing.
- Before agreeing to unclear or unusually broad terms, consult the relevant union or a qualified entertainment lawyer.
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