Can a Studio Use My Face Without Permission? Digital Replica Rules for Actors

On SAG-AFTRA work, no: a studio can't make or use a digital replica of your face or voice without your clear, separate consent, a reasonably specific description of the use, and generally 48 hours' notice. Outside a union contract, it depends on what you signed and where you work, since laws in California, Tennessee and New York add their own protections. Either way, the release you sign on the day is where your likeness is won or lost.

This guide is for actors, background actors, voice-over artists and models. It walks through the union terms, the state laws, and the practical habits that keep your face and voice yours.

One plain note before we start: this is general information, not legal advice. Contracts differ and rules get updated. For a specific contract, talk to SAG-AFTRA (if you're covered) and an entertainment lawyer, and check the current rules on each official page linked below.

What a digital replica actually is

A digital replica is a copy of your face, body or voice that can be made to do or say things you didn't do on the day. It usually starts with a scan on set, a voice session in a booth, or footage and audio a production already has. A synthetic performer is a different thing: a generated person who isn't a copy of any one real performer.

Both matter to working talent. Replicas are about your consent and your pay. Synthetic performers are about disclosure, so the audience knows when they're not looking at a real person.

The union and the law don't ban either one. What they do is put you back in the room: you get told, you get asked, and the use has to be described well enough that you know what you're agreeing to.

SAG-AFTRA TV/Theatrical: the 2023 terms

The 2023 TV/Theatrical contracts were the first big union deal to spell out replica rules. The union's digital replica summary lays out the core of it for principal performers:

• Consent has to be clear and conspicuous. It's separately signed or initialed, not buried in a long deal memo.
• The use has to be reasonably specific. "Any purpose, forever" isn't a description.
• Notice comes first. Producers generally owe you 48 hours' notice.
• A new project means a new ask. Using an employment-based replica on another project needs new consent and, in most cases, more pay.

If you're working under this contract and someone hands you a scan release with no description of use, that's the moment to stop and call the union.

Background actors are covered too

This is the part a lot of background performers don't know. Under the same 2023 contract, as described in the union's Background Actors Digest:

• A background actor digital replica needs your consent and 48 hours' notice to create.
• Using it needs separate, clear consent with a reasonably specific description.
• Blanket consent at hiring isn't allowed. A checkbox on your registration doesn't cover a future scan.
• Voucher language that conflicts with your contract rights is void. Signing your voucher doesn't sign away your replica rights.
• Producers can't use replicas to dodge background coverage numbers.

Big crowd days sometimes include body or face scans. You have the right to know what it's for before you agree. For more on the daily side of the job, see On-Set Etiquette for Actors.

SAG-AFTRA Commercials: the 2025 contracts

The 2025 Commercials contracts cover on-camera and voice work in union spots. According to the union and the joint FAQs:

• Consent comes before creation. A digital replica of your image, voice or performance can't be created without it.
• Notice applies. Voice performers generally get 48 hours' notice.
• Replicas get deleted. After the commercial's use period, the replica must be deleted unless you agree otherwise.

That deletion rule is worth remembering when an agent or client asks you to "keep it on file." That's a new agreement, and it's yours to say yes or no to. If you book commercials, Commercial Casting Tips covers the audition side.

SAG-AFTRA video games: the 2025 Interactive Media Agreement

Game work leans heavily on voice and motion capture, so the 2025 Interactive Media (video game) Agreement goes further. The union's agreement summary says:

• Consent is written and separately signed, with a reasonably specific description of use.
• The description must say whether the replica will be used for real-time dialogue. That's the question to look for on any game contract.
• During a strike, consent to generate new material is suspended.
• Employers send a usage report after release, so you can see how your replica was used.

State laws that protect you

Union contracts only cover union work. These laws reach further, though each has its own scope, so check the current text on the official page.

California AB 2602

AB 2602, now Labor Code section 927, can make a contract term unenforceable if it lets a digital replica do work you'd otherwise have done in person, when both of these are true:

• the contract doesn't include a reasonably specific description of the intended use, and
• you weren't represented by a lawyer or a union when you agreed.

In plain terms: vague replica clauses signed alone are on shaky ground in California. Having a lawyer or the union in your corner matters.

Tennessee's ELVIS Act

Tennessee's ELVIS Act (bill text) added voice to the state's likeness law. It protects your voice, including simulations of it, from unauthorized commercial use. For voice-over artists and singers, it's one of the clearest statements that your sound belongs to you.

New York: synthetic performer disclosure in ads

New York now requires ads to conspicuously disclose synthetic performers when the person making the ad knows they're used (S8420-A). This one isn't about your replica. It's about honesty with the audience, and it's a reason more clients may start promoting that they hired real people.

New York's Fashion Workers Act

For models, New York's Fashion Workers Act is the big one. Per the state Department of Labor's FAQs and client responsibilities page:

• A digital replica needs your separate, explicit written consent.
• Clients must get written approval covering scope, purpose, rate of pay and length of use.
• New campaigns need new approval.
• An agency power of attorney can't cover your replica. Your agency can't sign it away for you.
• Routine retouching and color correction don't count as a replica.

The Act took effect June 19, 2025. It also caps agency commissions at 20 percent, bans signing fees and deposits, and since December 21, 2025, requires model management companies doing business in New York to register with the state. If you're paid late or charged illegal fees, you can file with the New York State Department of Labor, and the Model Alliance support line can help you figure out next steps.

Quick reference: who's protected, and how

Protection	Who it covers	What it requires	Source
SAG-AFTRA 2023 TV/Theatrical	Principal performers on covered film and TV	Clear, separate consent; reasonably specific description; generally 48 hours' notice; new consent and usually more pay for another project	SAG-AFTRA
SAG-AFTRA 2023 TV/Theatrical, background	Background actors on covered film and TV	Consent and 48 hours' notice to create; separate consent to use; no blanket consent at hiring; conflicting voucher language void	Background Actors Digest
SAG-AFTRA 2025 Commercials	Performers in union commercials, on camera and voice	Consent before creation; deletion after the use period unless you agree otherwise	SAG-AFTRA
SAG-AFTRA 2025 Interactive Media	Performers in union video games	Written, separately signed consent; must state real-time dialogue use; consent to new material suspended in a strike; usage reports	Summary
California AB 2602	Performers under contracts covered by California law	Vague replica terms can be unenforceable if you weren't represented by a lawyer or union	CA Legislature
Tennessee ELVIS Act	Anyone whose voice or likeness is used commercially	Protects voice, including simulations, from unauthorized commercial use	TN Governor
New York synthetic performer disclosure	Audiences of ads in New York	Ads must conspicuously disclose known synthetic performers	NY Senate
New York Fashion Workers Act	Models working with New York agencies and clients	Separate, explicit written replica consent; written scope, purpose, pay and length; no agency power of attorney	NY DOL

What to do before you sign

Rules only help if you catch the clause. These habits are cheap and they work.

Read the release, every time

Look for these words: scan, likeness, replica, simulation, perpetuity, and "all media now known or hereafter devised." Any of them means slow down. Our Actor Release Form Template shows what a normal release looks like, so the odd one stands out.

Ask these questions

• What is the scan or recording for, specifically?
• Is this consent separate from the rest of my contract?
• Which project does it cover, and for how long?
• Where will it run, and in what territory?
• Will it be used for anything I'd otherwise do in person?
• For games: will my voice be used for real-time dialogue?
• When is it deleted, and how will I know?
• Am I paid separately for the replica use?

A clear answer to each one is what a "reasonably specific description" looks like in practice. If nobody on set can answer, it's fine to say you'll sign once you've checked with the union or your rep.

Watch the buy-out

A buy-out that sounds big but covers unlimited use forever can cost you more than it pays. Ask for the usage, term and territory before you quote. Actor Rate Negotiation walks through how to have that talk.

Read site terms before you opt in

Some casting and audiobook platforms now let performers license a voice model, like ACX's narrator voice replica beta. That can be real income, but it's a long-term rights decision, not a one-off gig. Read how long it lasts and how you get paid before you click yes.

Keep your paper

• Keep a copy of everything you sign, including any replica consent.
• Keep pay stubs. SAG-AFTRA's Steps to Join page says vouchers alone aren't accepted as proof of background work, so payroll records matter.
• Background: get your voucher back before wrap. Check your hours and keep a copy. Central Casting's voucher help page covers how digital vouchers work.
• Get the deal in writing. In New York City, the Freelance Isn't Free Act requires a written contract for freelance work of $800 or more.

If something feels off, call the union if you're covered, or a lawyer if you're not. That's not overreacting. That's the job now. For more on how the union works, see our SAG-AFTRA Guide.

Looking toward 2036

Generated video and synthetic performers will likely take some of the low-end work: the quick product spot, the filler crowd, the scratch voice. That's real, and it's worth saying plainly.

What it can't easily take is the thing casting is really buying: a specific person, with taste and timing, who shows up and makes the scene work. As copies get cheaper, being the real one gets more valuable. The performers who do well will know their contracts, protect their likeness, and keep doing the in-person work that nobody can fake.

FAQ

Can a studio use my face without permission?

Not on covered SAG-AFTRA work. The 2023 TV/Theatrical contract requires your clear, separate consent, a reasonably specific description of use and generally 48 hours' notice before a digital replica is made or used, and the 2025 Commercials and video game agreements have their own consent rules. Off a union contract, it depends on your contract and your state's law, so read the release and ask before you sign.

What is a SAG-AFTRA digital replica?

It's a copy of a performer's face, body or voice that can be used to create new footage or audio. Under the 2023 TV/Theatrical contract, making or using one requires your clear, separate consent and a reasonably specific description of how it'll be used, with generally 48 hours' notice.

Do background actors have digital replica protections?

Yes, on covered SAG-AFTRA work. A background actor replica needs consent and 48 hours' notice to create, and separate consent with a reasonably specific description to use. Blanket consent at hiring isn't allowed, and voucher language that conflicts with those rights is void.

Can a production reuse my replica on another project?

Under the 2023 TV/Theatrical contract, using an employment-based replica on another project needs new consent and, in most cases, more pay. Under the 2025 Commercials contracts, replicas must be deleted after the use period unless you agree otherwise.

I'm not in the union. Am I protected?

Possibly, depending on where you work. California's AB 2602 can void vague replica terms if you weren't represented by a lawyer or union. Tennessee's ELVIS Act protects your voice from unauthorized commercial use. In New York, the Fashion Workers Act requires separate written replica consent for models. Check the official page for each law, and ask a lawyer about your contract.

What should voice actors watch for in game contracts?

Look for whether the replica will be used for real-time dialogue. Under the 2025 SAG-AFTRA Interactive Media Agreement, the consent has to say so, and employers owe a usage report after release.

Your role in 2036 on NeedaCrew

Each of these guides pulls together the tools, training, protections and changes for one job, with links to the official sources:

• Actor: your role in 2036
• Background actor and extra: your role in 2036
• Voice-over artist: your role in 2036
• Model: your role in 2036

Browse every guide at /v2/roles. And when you're ready to book the work in between, set up a free NeedaCrew profile with your reel, photos, day rate and city, flip on "Available for work", and tap in on jobs.