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The practical rule is contract-specific: identify the SAG-AFTRA collective bargaining agreement covering the work, obtain meaningful consent for the particular creation and use of a digital replica, and apply that agreement’s compensation, notice, retention and other requirements. The rules are not a universal permission system for every AI project or every performer in the United States.
SAG-AFTRA agreements can protect a performer’s voice as well as their image. A voice actor is therefore not outside the discussion merely because no face appears on screen. The result depends on the agreement, the type of replica, whether the performer participated in creating it, the proposed use and, for a deceased performer, the applicable estate and state-law requirements.
What SAG-AFTRA means by a “digital replica”
SAG-AFTRA’s Digital Replicas 101 explainer describes a digital replica as a reproduction of a performer’s voice and/or likeness made with digital technology such as artificial intelligence. “Likeness” can include a recognizable visual identity; a voice model can qualify even when there is no visual image.
The 2023 TV/Theatrical materials separate several situations that are often incorrectly treated as one:
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- Employment-Based Digital Replica: created in connection with the performer’s work on a motion picture, often with the performer’s participation, such as a scan.
- Independently Created Digital Replica: created without the performer’s participation and used in a motion picture in which that performer did not work.
- Background Actor Digital Replica: a replica subject to specific background-performer protections.
- Synthetic Performer: a wholly digital person who does not resemble a recognizable performer and is not voiced by a person.
A synthetic character is not automatically banned. The TV/Theatrical materials require notice to the union and bargaining for wholly synthetic performers. If the character resembles an actual performer, the replica provisions apply. If a live performer supplies the voice, that voice work remains covered even when the character is digitally generated.
First identify the agreement and the work category
There is no single SAG-AFTRA “AI rate.” The controlling terms come from the agreement that covers the field and production. Before anyone scans, records, trains, generates, distributes or retains a replica, identify the applicable contract.
| Work or situation | What the published union materials establish | What must be checked before relying on it |
|---|---|---|
| 2023 TV/Theatrical and TV Animation | Consent, notice, scope, replica categories, background protections and bargaining rules for synthetic performers. | The exact production, replica type, described use, exceptions and compensation provisions, including Schedule F or guarantee-period language where relevant. |
| 2025 Commercials and Audio Commercials | Mandatory consent before creation; informed consent before use; specific-use description; a replica-generated performance is paid at 1.5 times the session fee plus applicable holding and use fees. | The commercial agreement’s maximum period of use, additional-commercial rules, applicable fees and retention obligations. |
| Interactive Media | A June 2025 announcement described tentative terms covering informed consent, strike-related suspension of replica consent, minimum payments for replicas created with covered performances and 7.5 times scale for announced “Real Time Generation.” | The ratified agreement and later union bulletins. The announcement itself was made while the membership vote was pending and should not be treated as proof of a current operative rate or effective date. |
| Other SAG-AFTRA agreements | May contain their own AI, digital-replica, residual, use and retention language. | The agreement governing that field; TV/Theatrical terms cannot simply be transferred to another medium. |
This agreement-first approach also matters for a use that moves between media. SAG-AFTRA’s background FAQ notes that if a replica is used in a field or medium covered by another SAG-AFTRA agreement, that agreement’s minimum wages and residuals may apply.
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How consent works under the 2023 TV/Theatrical materials
Consent is generally required for each use
SAG-AFTRA’s official TV/Theatrical FAQ says consent is required for each use of a digital replica, subject to limited exceptions. A producer seeking permission for multiple projects cannot rely on a vague phrase such as “all future uses.” For the multi-project exception covering an Employment-Based Digital Replica, the producer must identify each episode or picture and describe the intended use in each with reasonable specificity.
If the proposed use changes beyond what was agreed—such as a different project, materially different purpose or new distribution context—new consent may be required. A contract team should compare the actual planned use with the description the performer signed, rather than assuming that a broad grant covers every later application.
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Creation of an employment-based replica
For an Employment-Based Digital Replica, the explainer says the performer must be notified at least 48 hours before services to create the replica are required. If the performer is hired less than 48 hours in advance, notice is due at engagement.
The consent must be clear and conspicuous. It cannot be hidden in boilerplate or obtained merely through a background voucher. The performer must specifically sign or initial the relevant section. Time spent creating the replica is work time. Compensation is not a single universal amount: the materials identify caveats involving Schedule F and guarantee-period scenarios, so the applicable agreement and contract facts must be read together.
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Independently created replicas
When a replica is created without the performer’s participation and used in a motion picture in which that performer did not work, the TV/Theatrical FAQ describes prior written consent with a reasonably specific description of the intended use. The producer should document what will be generated, where it will appear, the project or projects covered and any meaningful limits on duration or distribution.
Contractual expressive-use exceptions
The agreement materials identify limited First Amendment-related exceptions involving comment, criticism, scholarship, satire, parody, docudrama and historical or biographical work. These are contract exceptions, not a blanket exemption for every news, documentary or expressive use. Whether an exception applies depends on the agreement language and the facts of the proposed use.
Background actors have separate protections
SAG-AFTRA says a producer may not use a background actor’s replica to avoid hiring that actor or to evade required background-coverage numbers. Consent for one project or one method of use does not automatically authorize a different project or different use.
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According to the union FAQ, a producer seeking a new project or changed use must obtain consent again and pay the daily minimum each time. If the use falls in a field or medium covered by another SAG-AFTRA agreement, that agreement’s minimums and residuals may apply.
A conflicting clause on a voucher does not, by itself, obtain valid consent. The agreement’s notice, specificity and signature requirements still have to be met. Production paperwork should therefore identify the replica use directly instead of attempting to rely on a generic voucher term.
Commercials and audio commercials use a different formula
The 2025 Commercials and Audio Commercials agreements have their own AI provisions. SAG-AFTRA’s official overview says consent is mandatory before a replica is created, and informed consent is required before it is used. The intended use must be described with reasonable specificity.
When a replica is used to generate a commercial performance, the overview states that the performer receives 1.5 times the session fee, plus applicable holding and use fees. This is a commercial-agreement term, not a general TV or film rate.
The overview also says performer data may not be used to train AI without union consent. For replica use on additional commercials, it describes a maximum-period-of-use (MPU) rule. After the last commercial’s MPU ends, continued retention requires consent; otherwise the replica data must be destroyed. The exact MPU, fees and destruction process should be taken from the operative commercial agreement and the signed deal.
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SAG-AFTRA reported that members approved the 2025 Commercials and Audio Commercials contracts by a 96.90% to 3.10% vote. That percentage is a contract-ratification result, not a statistic about how many performers use or receive AI replicas.
Interactive Media: distinguish an announcement from a final contract
In June 2025, SAG-AFTRA announced board approval of a tentative Interactive Media Agreement deal. The union described informed consent across AI uses, suspension of replica consent during a strike, minimum payments for digital replicas created with covered performances and a 7.5-times-scale minimum for “Real Time Generation,” illustrated by putting a replica-voiced chatbot into a video game.
The announcement said the membership vote was still pending and that full details would accompany ratification materials. Consequently, the announcement alone cannot establish a final effective date, the complete payment schedule or the exact scope of every interactive-media use. A producer or performer working under that agreement should verify the ratified text and subsequent SAG-AFTRA bulletins.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Deceased performers: estate consent and state law
Post-mortem use adds another layer. In a March 20, 2026 statement concerning Val Kilmer, SAG-AFTRA said: “The applicable SAG-AFTRA collective bargaining agreement, as well as state law, requires consent from the estate to use a digital replica of a deceased performer in a motion picture.” The union said it understood that the family’s consent had been obtained for the reported production.
That statement describes the union’s position for the applicable agreement and facts; it is not a substitute for checking the state law and contract governing a different production. Estate authority, publicity-rights statutes and the exact motion-picture agreement can vary by jurisdiction and circumstance.
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A practical compliance workflow for a production
- Classify the work. Record whether it is TV/Theatrical, a commercial, interactive media, animation or another covered field. Identify the agreement in force for that work.
- Classify the person and replica. Note whether the performer is principal, voice-only, background, living or deceased, and whether the replica is employment-based, independently created or synthetic.
- Describe the intended use. State the project, episode or picture, character, voice or visual elements, scenes, media, distribution, duration, territories and whether the replica may be reused or retained.
- Obtain the required consent before the triggering step. For employment-based TV/Theatrical creation, give the required advance notice and obtain a clear, conspicuous signature or initial. For independent replicas and commercials, obtain the applicable written or informed consent before creation or use as the agreement requires.
- Separate creation, use and retention. A permission to make a scan or model is not necessarily permission to generate a performance, place it in another episode, use it in another commercial or keep it after the permitted period.
- Calculate compensation under the correct mechanism. Check minimums, session fees, holding and use fees, residuals, daily background minimums, guarantee-period language and any negotiated additional amount. Do not import the commercial 1.5-times-session-fee rule into TV or film.
- Document changes. If the use, project, medium or distribution changes, pause and determine whether new consent and payment are required.
- Close out retention. At the end of an MPU or other agreed period, obtain permission to retain the replica or follow the agreement’s destruction requirement.
Common mistakes and how to correct them
- “It is only a voice, so replica rules do not apply.” Voice and likeness are both within the Digital Replicas 101 definition. Classify the voice model under the applicable agreement.
- “One signature covers every future project.” TV/Theatrical multi-project permission must identify each episode or picture and describe each intended use with reasonable specificity.
- “A voucher or boilerplate clause is enough.” Background vouchers and standard contract terms cannot replace the agreement’s clear-consent requirements.
- “A synthetic performer is prohibited.” The materials call for notice and bargaining for wholly synthetic performers; they do not describe a blanket ban. A synthetic character resembling a real performer raises replica issues.
- “The 1.5-times fee applies everywhere.” That figure is stated in the 2025 Commercials and Audio Commercials overview for a replica-generated commercial performance.
- “A 2025 interactive announcement is the final rate card.” It described a tentative deal while ratification was pending. Confirm the ratified agreement.
- “Permission lasts after the contract’s use period.” Commercial provisions address maximum periods of use and continued retention. Check whether consent or destruction is required at expiration.
- “A dead performer’s replica is controlled only by the estate.” SAG-AFTRA’s Val Kilmer statement refers to both the applicable collective bargaining agreement and state law. Both need review.
What the ratification figures do—and do not—show
SAG-AFTRA reported a 78.33% to 21.67% member vote approving the 2023 TV/Theatrical Agreement and a 96.90% to 3.10% vote approving the 2025 Commercials and Audio Commercials contracts. These figures show member approval of those contract votes. They do not measure AI adoption, the number of replicas in circulation or the percentage of performers affected.
SAG-AFTRA’s published union material does not provide a population-wide statistic for how often actors’ replicas are used. The enforceable question for a production is therefore the agreement, consent document and proposed use—not a generalized estimate of industry prevalence.
When to obtain specialist help
A live dispute over a scan, voice model, training data, reuse, retention, estate authority or payment should be taken to SAG-AFTRA and qualified entertainment counsel. The union explanations clarify major contract concepts, but they are not a substitute for the operative agreement, side letters, production facts or state-law analysis.
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SAG-AFTRA’s chief negotiator Duncan Crabtree-Ireland described the 2023 contract changes as a demand for “fairness in compensation for their labor” and “protection from abusive use of AI technology.” In practical terms, that means treating consent, scope, payment and data retention as negotiated labor terms rather than as a technical afterthought.
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