When a young director in Brooklyn used an AI voice-cloning tool to finish an actor’s missed ADR lines, the NYC entertainment lawyer handling the rights clearance for the Errors & Omissions (E&O) insurance application called in a panic: “Who owns that sound?”
The project had wrapped, the distribution deadline loomed, and the AI replica sounded flawless. But when the lawyer began reviewing the chain of title documents, one question froze the process: had the actor given explicit written consent to have their voice digitally cloned?
That moment – barely two years after the 2023 WGA and SAG-AFTRA strikes -captures the new reality of entertainment contracts. The definitions of performance, authorship, and ownership have evolved.
As 2025 unfolds, independent producers, editors, and content creators are realizing that traditional agreements (those standard “work-for-hire” templates) no longer cover the risks of the AI-driven production era.
Between 2023 and 2025, three developments permanently altered entertainment contract drafting:
State legislatures from New York to California have stepped in to codify likeness and voice protections once left to case law or contract.
Together, these rules, guides and laws form a new baseline for how the industry views authorship and likeness. And indie filmmakers must address these same clauses, without the buffer of studio legal departments.
Traditional clause:
Grants permission to use an actor’s name, image, and likeness for publicity, marketing and distribution.
AI-era update:
Now must specify whether the producer may:
Purpose:
Prevents unauthorized creation or exploitation of a performer’s digital replica.
A well-drafted clause limits this use to the specific production, prohibits reuse without consent, and mandates clear labeling if synthetic likenesses appear in final edits.
SAG-AFTRA now treats “digital doubles” as separate performances requiring individual consent and compensation.
Why it matters:
Even if an actor agrees to scanning for VFX, that doesn’t automatically grant permission for AI-driven replicas in sequels, marketing, or future productions.
Your contract should include:
This clause has become the front line for protecting performer identity, especially as AI cloning tools become mainstream. Although SAG-AFTRA’s digital-replica provisions do not explicitly require deletion or destruction of replicas after a contract expires, they restrict use to the scope and duration of the performer’s written consent. Many producers and NY entertainment attorneys include ‘retirement’ or ‘destruction’ clauses as a best practice to ensure replicas cannot be reused or misappropriated once the license term ends.
Film and television productions generates vast amounts of digital data (scripts, dailies, stills, metadata, and raw audio), all potential “training material” for AI.
A training-data license clause must answer:
In most cases, the safest path for indie producers is to ban training use by default, and whitelist only specific vendors with NDA or confidentiality obligations.
The WGA’s new rule: producers must disclose when AI tools are used in writing.
That principle now extends to all creative disciplines.
Filmmakers should include clauses requiring disclosure when:
Approval triggers:
If AI output affects a credited creative’s work (e.g., screenwriter, director, actor) they should have the right to approve or request modification.
This clause builds transparency into the creative process and prevents future credit disputes.
Credit disputes have already emerged where AI contributed to scenes later marketed as “written by” or “performed by” named creatives.
To prevent this, include contract language such as:
“No AI-generated material shall alter, diminish, or replace the credited contribution of any writer, performer, or creative without written consent.”
If AI modifies work in ways that affect credit or compensation, the clause should trigger renegotiation.
AI-powered “performance edits,” like de-aging or revoicing, now require explicit approval.
Your clause should define:
For example, a performer might grant limited permission for AI-assisted color correction or dialogue smoothing, but not for age regression or facial substitution.
On-set scanning, facial mapping, and volumetric capture now require data governance.
Modern contracts should specify:
This clause not only complies with privacy laws (CCPA, GDPR) but also reinforces ethical stewardship – an increasing focus for distributors and investors.
A key clause for both content creators and film/tv producers:
Each party warrants that no AI-generated content used in the project was trained on unlicensed or infringing data.
If AI tools incorporated copyrighted or private materials, the indemnity provision should shift liability to the party that introduced them.
This clause ensures accountability and keeps both producer and creative aligned under shared risk protection.
Finally, a catch-all rider can unify compliance with:
For producers who distribute content via streaming or social platforms, this section should also include FTC-compliant disclosure language such as:
“If generative AI was used in the creation of any sponsored content, the creator must disclose such use clearly and conspicuously.”
Even when your production wraps, the contract story isn’t over.
Streaming & digital distribution have become the next frontier for AI and data rights.
Modern streaming agreements should address:
Many distributors now insert quiet “machine-learning” clauses granting themselves rights to analyze engagement data. Filmmakers must ensure these clauses exclude use of the film as AI training material.
A lifestyle influencer signed a standard brand agreement allowing the company to “use her likeness in derivative promotional materials.” Months later, an AI-generated ad campaign launched with her digital double endorsing products she’d never seen.
She had granted perpetual promotional rights—but not AI cloning rights. That single omission triggered a PR crisis, a cease-and-desist, and months of legal negotiation.
Lesson: any modern creator agreement must include an AI/likeness prohibition unless explicitly negotiated.
The Federal Trade Commission now expects brands, influencers, and content creators to disclose when AI tools materially alter a brand partnership’s content.
Include in your agreements:
This is especially crucial for creators under contract with streaming platforms that syndicate content internationally (where disclosure rules differ by jurisdiction).
Q: Is consent for a digital replica revocable?
A: Yes, unless waived under a fixed-term license.
If a digital replica is used outside the scope originally authorized, the performer may revoke consent and demand the replica’s removal or destruction.
Always define revocation rights, limits, and destruction protocols in the contract.
Q: Can I stop a distributor from training AI on my film?
A: Yes. Add a “no training or analytics” clause in your distribution agreement. Your distribution agreement should explicitly avoid granting blanket permissions to use the film as AI training data. Without explicit restriction, a distributor might argue that training AI models on the film falls within broad “all media now known or hereafter devised” language.
Limit data usage to performance reporting.
Q: What if my editor used AI without telling me?
A: Require vendor disclosure clauses in all post-production agreements. If not disclosed, it’s a breach of warranty.
Q: Do FTC rules apply to music videos or UGC/branded short films?
A: Yes. Any sponsored or brand-integrated content, AI-generated or not, must follow FTC disclosure rules.
Contracts aren’t just about legal risk. They’re about creative integrity. Each contract clause above safeguards the invisible boundary between collaboration and exploitation.
Independent filmmakers and creators often lack the institutional guardrails of studio productions. By integrating AI, likeness, and data clauses early, you build both trust and leverage – two currencies more powerful than budget.
AI and streaming technologies are rewriting the entertainment playbook. Don’t let outdated contracts leave your project (or your likeness) unprotected.
Schedule a 30-minute consultation to update your entertainment agreements for the AI era.
