The Bottom Line
- The SAG-AFTRA Commercials Contract, effective April 1, 2025, requires producers to obtain “clear and conspicuous” consent from performers before creating or using their digital replicas.
- The Digital Replica Rider is now available as the standardized consent form jointly drafted by SAG-AFTRA and the Joint Policy Committee (JPC), providing signatory producers with a clear template for securing performer consent.
- State laws in California, Illinois, and New York also require informed consent for digital replica use. Compliance with the SAG-AFTRA Commercials Contract requirements will satisfy these current state law obligations.
- Advertisers producing both union and non-union commercials may find it efficient to use a single digital replica consent form based on the Digital Replica Rider to ensure consistency and compliance with both union obligations and applicable state laws.
The advertising industry stands at a pivotal moment as AI technology enables the recreation of artists and their works. But this technology comes with a critical requirement: informed consent.
The 2025 SAG-AFTRA Commercials Contract, effective April 1, 2025, included for the first time detailed provisions relating to the creation and use of synthetic performers and digital replicas of union performers generated using AI technologies.
For advertisers and agencies seeking to leverage AI to create content more efficiently, the ability to generate and use a performer’s digital replica opens many new possibilities. However, the 2025 Commercials Contract comes with certain guardrails to protect performers from exploitation – the most critical requirement being informed consent.
Understanding SAG-AFTRA Digital Replica Provisions
The 2025 Commercials Contract marked the first time SAG-AFTRA established detailed provisions for securing performer consent when using synthetic performers and AI-generated digital replicas. Producers are required to obtain “clear and conspicuous” consent, based on “a reasonably specific description of the intended use of the Digital Replica,” which could be granted “either through the Digital Replica Rider appended to Performer’s employment contract or in a separate writing that is signed by Performer.” The Digital Replica Rider was intended to be a standardized consent form jointly drafted by SAG-AFTRA and the Joint Policy Committee (JPC).
When the agreement first launched, however, the Digital Replica Rider wasn’t yet available. This left producers with no option other than to create their own form of written permission when seeking to obtain performer consent to the creation and use of their digital replica.
Now, several months later, the Digital Replica Rider has been finalized and publicly released, giving signatory producers multiple pathways to obtain performer consent.
State Law Requirements for Digital Replica Consent
Simultaneously, new laws in several states (notably California, Illinois and New York) have come into effect requiring informed consent by a performer when their digital replica is intended to be used in place of work the performer would otherwise have performed in person.
These state laws mandate that the hiring party include a “reasonably specific description of the intended uses of the digital replica,” though the laws are otherwise less prescriptive than the Commercials Contract.
Satisfying the requirements of the SAG-AFTRA Commercials Contract, therefore, will also satisfy these current state law obligations. This overlap creates an opportunity for advertisers to streamline compliance across both union and legal requirements.
The Digital Replica Rider may also serve as instructive for advertisers and agencies that have not yet had the opportunity to negotiate for digital replica rights from performers. And for those producers who have been utilizing their own consent document, comparing it to the Digital Replica Rider and adjusting it if needed can help to ensure consistency and compliance with union obligations (and, in turn, with applicable state law obligations).
Breaking Down the Digital Replica Rider Structure
The Digital Replica Rider consists of three distinct consent forms, each addressing a different aspect of digital replica creation and use:
Part 1: Creating New Digital Replicas
This consent form covers the right to create a new digital replica of a performer, either based on:
- A new scan or recording of the performer, or
- Existing material in which the performer previously appeared
When creating a digital replica from pre-existing material, the Rider asks producers to specify whether that material is:
- A prior union commercial created by the same producer
- A union commercial created by a different advertiser
- A non-union commercial
When the digital replica is being created based on the performer’s performance in a non-union commercial, or a commercial produced by a different advertiser, the Rider also requests the names and details about the relevant commercials. These additional details requested in the Rider appear to exceed any obligation in the 2025 Commercials Contract, which does not indicate that producers are obligated to provide this level of granularity in order to secure the performer’s consent.
Part 2: Using Existing Digital Replicas
This form addresses the right for the producer to use an existing digital replica of the performer, in which case the existing digital replica must be described.
Part 3: Commercial Use Authorization
This consent form grants the right to use the performer’s digital replica — whether existing or newly created — in:
- The commercial for which the performer is currently engaged, and/or
- Future commercials
A reasonably specific description of each intended use must be listed in a table following this consent form. This section also gives performers the opportunity to request a copy of the commercial(s) produced with their digital replica, giving them visibility into how their likeness is being used.
Certain Uses Don’t Require Specific Consent
The 2025 Commercials Contract and the Digital Replica Rider both acknowledge that certain authorized uses of a performer’s digital replica don’t need to be specifically described if they adhere to historical practices, such as the replication or alteration of a performer using CGI, motion capture processing, audio/visual effects and other digital technologies that may have AI-enabled components, at any stage of production (including pre-production and post-production).
The state laws addressing performer consent in connection with the use of their digital replica do not explicitly capture this concept. However, they do indicate that a “reasonably specific description” of the intended use may be unnecessary if the use is consistent with the terms of the contract and the fundamental character of the work as produced.
As a best practice, digital replica consent agreements should indicate whether the intended use is consistent with the terms of the contract and the fundamental character of the work being produced.
The release of the Digital Replica Rider may serve as a helpful tool for producers navigating the quickly advancing environment of AI-powered synthetic media. Advertisers producing both union and non-union commercials may find it efficient to utilize a single consent form based upon the Digital Replica Rider, to ensure consistency and adherence to both their union obligations under the Commercials Contract as well as applicable state law.
The Digital Replica Rider serves as a critical reminder that properly securing performer consent before producing or using a digital replica is essential.