File 01 · Where identity ends

Whose face is it, anyway?

As generative tools advance, media has to decide where the boundaries of human identity lie. The law's first question is simple but decisive: is this a copy of a real person — or an invented one?

A digital replica of a real individual and a fully synthetic performer are treated very differently. And your protection depends on something else too: a union contract, a state law, or neither.

Hold this line

Real person copied → identity rights engage. Invented person → different rules. Then ask: union, state law, or neither?

Educational, not legal advice. As of 13 November 2026; U.S. focus with EU notes. Specific facts and jurisdictions control.

The brief

What you'll be able to do

1
Tell a digital replica from a synthetic performer — and why it matters.
2
State what SAG-AFTRA 2026 requires to make a replica (consent, pay, residuals).
3
Know the limits — union rules only cover covered productions.
4
Navigate the patchwork outside union work (state, federal, EU).
5
Describe an ethical workflow: consent, transparency, fair pay.

File 02 · Two things, two regimes

Replica vs. synthetic performer

Digital replica

Synthetic performer

What it is

Reproduces the voice, face or likeness of a real individual (via capture or training).

Entirely computer-generated, depicting no actual living person.

Why it matters

Triggers performer consent, pay and identity rights.

Not tied to a real likeness — so different legal rights and contractual duties.

The hinge: identity rights exist to protect a real person. A synthetic performer has no person behind it, so those specific hooks don't attach — though other rules still can.

Do it · decision tree

What protects this?

Answer both questions. The verdict shows which regime applies.

① What is it?

② Production type?

Choose one option in each row to see what applies.

Knowledge check

Which is a digital replica rather than a synthetic performer?

File 03 · Under a union deal

Consent, pay, and protecting minors

On covered productions, SAG-AFTRA's 2026 TV & Theatrical Contracts set clear duties before a digital replica can be made:

Consent + pay

Informed, clear, written consent for the specific use, plus compensation and residuals. Strict provisions guard against unauthorized replication.

Minors

Heightened safeguards protect minors from simulated exploitation — no sexual or nude depiction, including by aging up or de-aging.

Informed consent is the keystone: the performer must understand the specific use before anyone creates or deploys the replica.

File 03b · The limits

Union rules don't cover everything

The protections are strong — but bounded. They apply only to covered productions. Step outside that, and the guarantees don't travel with you.

No universal standard. No single union agreement governs every production, and no one rule covers all synthetic media. Whether you're protected depends on which contract or law reaches your work.

Knowledge check

Under SAG-AFTRA's 2026 deal, creating a digital replica requires…

File 04 · Outside the union

A patchwork of laws

Non-signatory, commercial and independent work falls under a mix of rules that varies by place:

U.S. states & federal

California's contract rules (AB 2602) and Tennessee's ELVIS Act target unauthorized likeness and voice cloning. A federal right (NO FAKES Act) is still being debated.

European Union

Personality rights and digital-services frameworks govern synthetic likeness — often stronger and longer-lasting than U.S. protections.

Practical upshot: with no single standard, you must check the specific jurisdiction and contract that reach your production.

Knowledge check

A non-union ad clones a real singer's voice. Which best describes the legal position?

File 05 · The habit

Build an ethical workflow

Because coverage is uneven, the durable safeguard is how you work — not just what the law forces. Three pillars carry across every regime:

1
Informed consent — clear, written, specific to the use, before any replica is made.
2
Transparent platform rules — know and follow the terms governing capture and deployment.
3
Fair pay — compensation and residuals for a real person's voice or likeness.

These travel. Consent, transparency and fair pay protect people even where the statute is silent — and keep your work defensible everywhere.

The verdict

0/3

Knowledge-check score

Replica ≠ synthetic. Copying a real person engages identity rights; an invented one doesn't.

Union = strong but bounded. SAG-AFTRA 2026: consent + pay + residuals, with minor safeguards — on covered productions only.

Outside = patchwork. CA AB 2602, TN ELVIS Act, debated federal NO FAKES, EU personality rights.

No single standard. Check the specific contract and jurisdiction.

Ethical workflow travels. Informed consent, transparency, fair pay.

Glossary

Digital replica — an AI reproduction of a real person's voice/face/likeness. Synthetic performer — a wholly invented, computer-generated persona. Residuals — ongoing payments for reuse of a performance. Personality rights — protection of a person's identity/likeness.

Educational, not legal advice. As of 13 November 2026.