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Do not treat an “AI consent” form as one all-purpose permission. Before signing, identify exactly what will be captured or generated, every allowed use, the project and media covered, the term and territory, payment for initial and later use, transfer rights, and safeguards for storage, approval, deletion, and harmful depictions. Ask for vague or sweeping language to be narrowed in writing. If a union or collective bargaining agreement covers the work, have your union or professional representative review the release first.
Start with the contract’s definition of your “likeness” or “digital replica”
A release may cover much more than a photograph. It can include a voice recording, facial scan, body scan, motion-capture data, edited footage, performance data, a trained voice model, a face or body model, or a replica generated from earlier recordings. SAG-AFTRA describes a digital replica as a replica of a person’s voice and/or likeness created with digital technology such as artificial intelligence. Your contract may define the term more narrowly or more broadly, so the document’s own definitions control what you are being asked to authorize.
Read the definition section before the grant of rights. Check whether it includes raw files, derived measurements, metadata, reference recordings, biometric information, and future versions of a model. A clause that covers “all materials embodying my identity” could reach files you did not expect to be retained. If the definition is unclear, request a written list of the assets and outputs covered by the release.
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Separate capture, creation, development, storage, and use
Permission to make a scan is not automatically permission to use the resulting replica in any production. Treat each activity as a separate grant and look for a clear statement of what happens at every stage.
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| Activity | What to verify |
|---|---|
| Capture or recording | What will be scanned or recorded, when it will occur, who operates the equipment, and whether additional sessions are allowed. |
| Creation of a replica | Whether the recipient may build a voice, face, body, or performance model from the captured material. |
| Training or development | Whether your data can train a broader system, improve another model, or be combined with other performers’ data. |
| Storage and backup | Where source files and models are stored, how long they remain there, who can access them, and whether backups are included. |
| Distribution and licensing | Whether the replica or generated content can be delivered to clients, platforms, affiliates, licensees, or subcontractors. |
| Actual use | The productions, campaigns, media, audiences, and purposes in which the replica may appear or be heard. |
Do not rely on a heading such as “AI release” or “digital double.” Read each operative sentence. A form can authorize a scan in one paragraph and grant broad commercial use in another. If the document does not distinguish these stages, ask the other party to rewrite it so each permission is visible and separately understandable.
Demand a specific description of the permitted use
The safest release identifies the project and explains how the replica will be used. Review six scope elements together: project, medium, purpose, platform, territory, and audience.
| Scope element | Questions to ask |
|---|---|
| Project | Is the title, production, campaign, game, episode, or client named? Can the replica move to an unrelated project? |
| Medium | Does permission cover film, television, streaming, games, advertising, social media, live events, training material, or only the stated medium? |
| Purpose | Is the use entertainment, narration, localization, marketing, endorsement, simulation, education, or something else? |
| Platform | Are named services or distribution channels listed, or does “any platform” appear? |
| Territory | Is the release limited to a country or region, or does it apply worldwide? |
| Audience | Is the content for the general public, a private client, internal training, or a restricted age group? |
Be cautious with phrases such as “all media now known or later developed,” “any purpose,” “perpetual,” or “irrevocable.” Those terms may permit uses that were never discussed, including advertising, endorsements, political messaging, or unrelated productions. Ask for examples in the contract, not merely in an email or conversation.
For performers covered by SAG-AFTRA’s TV/theatrical guidance, consent is expected to be clear and conspicuous and to identify the intended use and specific medium. That is guidance tied to the relevant agreement, not a universal legal rule for every performer, country, or contract. Still, it is a useful drafting standard: a signer should be able to see what was approved without guessing.
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Check what happens when the use changes
Ask whether the company can reuse the replica in another production, campaign, episode, language version, or context. The release should say whether a new use requires fresh consent and a new payment, and whether a material change in the depiction needs your approval.
Under the cited SAG-AFTRA TV/theatrical provisions, use in a different project or in a materially different way from the original description requires renewed consent. The union’s background-actor FAQ also describes renewed consent and payment for different uses under the applicable contract. Those protections do not automatically apply to a non-union job or a different jurisdiction. Your own agreement must state the rule that will govern you.
Look for an explicit process: written notice of the proposed new use, a deadline for your response, a right to decline, and a payment trigger. “Consent to any future use” removes that decision point. If the company wants flexibility, negotiate a defined menu of additional uses and a separate fee for each category.
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Break down compensation instead of accepting one lump sum
Identify every event that should generate payment. A single session fee may compensate you for showing up, but it may not answer what you receive when a replica is created, licensed, reused, or expanded.
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- Capture or recording fee: Payment for the scan, voice session, motion capture, or other source performance.
- Creation fee: Payment for building and validating the replica.
- Initial-use fee: Payment when the replica appears or is heard in the named project.
- Reuse or repeat-use fee: Payment for additional episodes, campaigns, territories, edits, or release windows.
- Residuals or continuing payments: Any contract-based amounts tied to distribution or performance.
- Expansion or modification fee: Payment if the company creates a new language version, age transformation, altered performance, or substantially different depiction.
- Sublicense payment: The amount due if an affiliate, client, platform, or successor receives rights.
Check when payment is due, who must pay it, and whether the amount is a minimum or merely discretionary. Union agreements can establish minimum compensation and additional payments, but the cited materials do not establish one universal rate for all releases. Do not assume a union minimum, residual formula, or reuse payment applies unless your work is covered by that agreement.
Require accounting language if payment depends on a sublicense, revenue share, or number of uses. The clause should identify records, reporting intervals, audit rights if applicable, and the currency and tax treatment. If the release says all compensation is “fully paid” without allocating it among capture, creation, and later uses, ask what amount covers each permission.
Set a term, territory, and end-of-contract plan
Find the start date, end date, renewal mechanism, and geographic scope. “Perpetual” and “worldwide” are not neutral details: they can allow a replica to remain active after the original project ends or after the business relationship changes.
Review termination and revocation language carefully. Can you terminate for a breach, harmful use, nonpayment, or a change outside the agreed scope? Is there a notice period? Does termination stop new generation only, or must the company remove published material as well? A release that says rights are irrevocable may limit your practical options, so negotiate exceptions for unauthorized, unlawful, deceptive, or reputationally damaging uses.
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Examine assignment and succession clauses. Determine whether the company may transfer the replica to an affiliate, buyer, distributor, lender, or unrelated third party without notifying you. Ask whether the same restrictions, payment duties, security requirements, and deletion obligations bind every transferee. Also ask what happens if the company is sold, dissolves, or stops operating.
At the end of the term, specify what is deleted: source scans, recordings, model weights, embeddings, derivative files, cached copies, and backups. If immediate deletion is technically impossible, the contract should state a deadline, the limited purpose for retaining backups, access restrictions, and a certification or written confirmation when deletion is complete.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Write safeguards for privacy, security, and harmful depictions
A digital replica can create economic, emotional, and reputational harm if it is used without effective controls. The release should address how outputs are approved, who can generate them, and what uses are prohibited.
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- Sensitive contexts: Define restrictions for politics, news-like material, medical claims, crime, religion, or other contexts that could alter how audiences perceive you.
- Sexualized or degrading depictions: Require express, specific consent for intimate, nude, humiliating, or violent portrayals and prohibit unauthorized alterations.
- Disclosure: State whether synthetic content must be labeled or otherwise identified to viewers and listeners.
- Access controls: Limit generation rights to named personnel or vendors, require authentication, and prohibit sharing credentials or raw assets.
- Security and incident response: Require reasonable safeguards and prompt notice if scans, recordings, or models are exposed or misused.
- Approval and takedown: Define who approves scripts, edits, and final outputs and how quickly an unauthorized output must be withdrawn.
The Federal Trade Commission’s 2024 discussion of voice-cloning harms explains why authenticity and misuse controls matter, but it is technology and policy context rather than a list of mandatory contract terms. Put the protections you need directly in the release instead of assuming a regulator’s general warning creates a private right to approve every output.
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Use union and representative protections when they apply
If you are covered by a collective bargaining agreement, compare the release with the current agreement before signing. SAG-AFTRA states that covered digital-replica provisions are a mandatory subject of bargaining and warns that conflicting voucher language may not validly obtain consent under the agreement. The union also advises performers to understand their image and voice rights and speak with professional representatives.
Give the union or representative the complete package: the release, call sheet, compensation schedule, side letters, confidentiality terms, and any referenced policy. Ask whether the work falls within the agreement, whether the proposed use is a covered use, and whether the employer must provide notice, renewed consent, minimum compensation, or additional payment. Do not assume a production’s description of itself determines coverage.
A practical review procedure before you sign
- Collect every document. Obtain the release, definitions, schedules, rate sheets, privacy notices, platform terms incorporated by reference, and any side agreement. Do not review an isolated signature page.
- Mark every asset. List scans, recordings, footage, motion data, scripts, model files, and outputs. Note whether each item is retained, shared, or deleted.
- Underline each permission verb. Mark words such as capture, reproduce, train, modify, distribute, sublicense, sell, display, perform, and create derivative works. Ask what each verb permits in practice.
- Build a use matrix. Write the project, medium, purpose, platform, territory, audience, term, and payment next to every proposed use. Any blank cell is an unresolved negotiation point.
- Trace later-use rights. Find language on new projects, new media, edits, localization, advertising, endorsements, and future technologies. Record whether renewed consent and payment are required.
- Trace the ownership chain. Identify affiliates, vendors, licensees, successors, and assignees. Confirm that restrictions and payment duties follow the replica.
- Test the exit. Locate termination, revocation, takedown, deletion, backup, and dispute provisions. Ask what remains possible after the relationship ends.
- Propose written edits. Replace broad phrases with named uses, a defined term, a territory, a payment schedule, and prohibited contexts. Do not rely on verbal assurances.
- Escalate unresolved issues. Have a qualified lawyer or, where applicable, your union or professional representative review the final version before you sign.
Red flags that warrant a pause
- The document never defines the replica, source materials, or generated outputs.
- Capture consent and commercial-use consent appear as one unexplained sentence.
- “Any purpose,” “all media,” “perpetual,” “irrevocable,” or “worldwide” appears without limits or examples.
- The company can transfer rights but does not identify transferees or preserve your payment and safety protections.
- There is no separate treatment of reuse, new projects, new media, localization, or advertising.
- All compensation is described as a one-time, fully paid amount with no allocation or later-use trigger.
- No one is responsible for approving outputs, labeling synthetic content, handling complaints, or deleting files.
- The release permits sensitive, political, sexualized, or reputationally damaging depictions without specific consent.
- A voucher or short form conflicts with a collective bargaining agreement or omits rights described in the agreement.
What the law does—and does not—settle for you
Rights in a likeness, voice, performance, biometric information, contract, privacy, publicity, and copyright can differ by jurisdiction, industry, and agreement. The U.S. Copyright Office’s 2024 report on digital replicas surveys policy and legal approaches; it does not create one universal rule governing every release. The sources cited here likewise do not establish a single worldwide right to revoke consent, a standard fee, or a mandatory deletion period.
Use the contract as the place where practical protections become enforceable: specific scope, renewed consent, compensation, transfer limits, security, approval, takedown, and deletion. If those terms are absent or contradictory, pause rather than assuming general AI policy or a headline about digital replicas will fill the gap.
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