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Performers may have rights to consent to, negotiate, and receive payment for AI-generated replicas of their voice or likeness—but there is no single rule that applies to every performer or production. The answer depends on the applicable law, contract, collective bargaining agreement, intended use, and whether the performer is living or deceased. California law and SAG-AFTRA agreements offer concrete examples, not universal guarantees.
What counts as a digital replica?
SAG-AFTRA describes a digital replica as a replica of a performer’s voice and/or likeness created using digital technology. That can include an AI-generated face or voice used to create a performance. The definition that controls in a particular situation depends on the applicable law or agreement, so check its wording rather than assuming every synthetic image or voice is covered in the same way. See SAG-AFTRA’s artificial-intelligence resources.
Does a studio need consent?
It depends on the performer’s contract, any applicable union agreement, and the law governing the use. Under SAG-AFTRA’s 2025 Commercials Contracts, consent is required before a digital replica is created, and informed consent is required before it is used. The agreement calls for a reasonably specific description of the intended use.
Permission to create is not necessarily permission for every use
Creating a replica and deploying it in a particular performance are distinct questions under those contracts. A release that permits scanning, recording, or creating a replica should not automatically be read as permission for every later scene, campaign, medium, territory, or reuse. The controlling contract or collective bargaining agreement determines what permission was actually given.
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Can performers negotiate the terms and get paid?
SAG-AFTRA says terms and conditions for digitally simulated performances must be bargained with the union, describing digital-simulation rights as a mandatory subject of bargaining. That statement concerns represented work and collective bargaining; it does not mean every performer is covered by a union agreement. A performer’s representation, individual contract, applicable agreement, and jurisdiction all matter. See SAG-AFTRA’s member resources and its statement on artificial intelligence and digital doubles.
Compensation depends on the agreement
For SAG-AFTRA’s 2025 Commercials Contracts, the union reports that using a digital replica to generate a performance triggers a payment of 1.5 times the session fee, plus applicable holding and use fees. That is a provision of those contracts, not a general statutory rate or a payment formula for all performers. Other agreements and individual contracts may set different terms.
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Terms worth checking
Before agreeing to a replica, review what the contract says about the specific performance, reuse, payment, and control. A clear review should account for:
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- The scenes, campaigns, or other performances the replica may generate, including whether it substitutes for work the performer might otherwise do.
- Medium, territory, duration, and reuse rights.
- Session fees, holding and use fees, residuals, attribution, and any limits on alteration.
- Which collective bargaining agreement and state law apply.
What does California law say?
California has separate laws addressing specified contract terms for living performers and commercial uses of deceased performers’ replicas. On September 17, 2024, the Governor of California announced AB 2602, which requires contracts to specify use of AI-generated digital replicas of a performer’s voice or likeness and requires professional representation in negotiating the contract. The announcement also described AB 1836 as prohibiting commercial use of deceased performers’ digital replicas in specified media without consent from their estates. The precise definitions, exceptions, effective dates, and remedies depend on the statutory text; the announcement is not a substitute for checking the law that applies to a particular use. See the Governor of California’s September 17, 2024 announcement.
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On September 16, 2026, the Governor’s Office announced a separate law concerning disclosures on AI-generated advertising and synthetic performers. That announcement establishes the subject of the law, but not the exact disclosure trigger, covered media, exceptions, enforcement, or effective date. Those details should not be assumed without checking the enacted text. See the Governor of California’s September 16, 2026 announcement.
Who can authorize an AI replica of a deceased performer?
Death does not automatically make a performer’s replica free to use. Estate authority, post-mortem rights under state law, and the applicable production agreement can all matter. SAG-AFTRA’s 2023 TV/Theatrical resources describe consent by an estate or the union for deceased performers’ replicas within the covered agreement context. In a March 20, 2026 statement about motion-picture use of Val Kilmer’s digital replica, SAG-AFTRA said the applicable collective bargaining agreement and state law required estate consent. These are agreement- and case-specific examples, not a rule for every deceased performer or every jurisdiction.
SAG-AFTRA stated: “Any use of digital replicas must be transparent, properly authorized and fully aligned with the rights of performers and their estates.” The union made the statement regarding Val Kilmer digital replication on March 20, 2026. See its statement on the use.
How should a performer assess a proposed use?
Start with the documents and the exact intended use, not just the label “AI actor.” A contract review can be organized around these questions:
- Who is represented? Determine whether the performer’s work is covered by a collective bargaining agreement, and identify the agreement that governs the production.
- What is being replicated? Check whether the relevant definition covers voice, likeness, or both, and what digital creation or simulation the agreement describes.
- What has the performer authorized? Separate permission to create a replica from permission to generate a specific performance or use it again.
- What are the use limits? Identify medium, territory, duration, reuse, attribution, and whether the replica may replace work the performer would otherwise do.
- What is the payment arrangement? Look for session, holding, use, residual, or other compensation terms rather than assuming a standard rate applies.
- Which law and rights holders apply? For living and deceased performers alike, identify the relevant jurisdiction; for a deceased performer, determine who has authority to consent.
For an individual contract or dispute, ask the performer’s union or representative, or consult an entertainment attorney familiar with the relevant jurisdiction and agreement.
Is there one federal rule for AI replicas?
The U.S. Copyright Office’s AI report page says Part 1, which recommended a federal digital-replica law, was released July 31, 2024. That publication date and recommendation do not establish whether Congress later enacted such a law. Do not treat the report itself as a federal consent or payment rule. See the U.S. Copyright Office’s Copyright and Artificial Intelligence page.
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