If your production engages SAG-AFTRA performers, the rules on synthetic performers and digital replicas changed on 1 July 2026. This is a plain-language summary of what shifted, not legal advice — for a specific production, get a lawyer who reads the actual agreement.
When did the 2026 SAG-AFTRA agreement take effect?
SAG-AFTRA members approved the 2026 TV/Theatrical Contracts tentative agreement with 91.42% voting in favour on 4 June 2026. The agreement went into effect on 1 July 2026 and expires 30 June 2030. That is a four-year term, so these terms govern most productions being scheduled today.
What counts as a digital replica?
Broadly, a digital recreation of a performer's voice or likeness generated or manipulated using AI. The 2026 agreement expands the digital-replica and AI protections from the previous contract with new restrictions on synthetics.
The reporting from The Hollywood Reporter and IndieWire identifies four operative areas:
- Rules governing the creation and use of digital replicas
- Security requirements for the storage of those replicas
- A penalty attached to using a synthetic performer instead of a real actor
- Notice to the performer if a studio licenses their data to a third party for AI training
That last one is the quiet structural change. It converts training data from something that happens invisibly into something with a paper trail.
Can a production use an AI-generated performer at all?
Yes, but with a threshold. Producers may only use AI performers where they bring "significant additional value" compared to a live actor or that actor's digital avatar. In practice that means cost saving is not, on its own, a justification — the burden is on the production to show the synthetic does something a person could not.
How does this interact with California law?
It layers on top of it. California enacted two relevant statutes, both signed on 17 September 2024:
| Statute | Covers | In force |
|---|---|---|
| AB 2602 | Living performers — bars contract terms permitting digital replica use without informed consent, and requires intended uses be described with reasonable specificity | 1 January 2025 |
| AB 1836 | Deceased performers — prohibits digital replicas without the estate's consent | 1 January 2026 |
AB 2602 also requires that the performer either be represented by counsel who negotiated the replica licence with clear commercial terms, or by a labour union representing workers doing that work. A blanket "we may use your likeness in any medium now known or hereafter devised" clause does not survive this.
What does a production actually have to do differently?
Four operational changes, in the order you will hit them:
- Fix your contract templates first. Generic likeness language is the single most common failure point. Replica terms need specific described uses.
- Log consent as a production record, not an email. If you cannot produce the consent later, you effectively did not have it.
- Track where performer data goes. Third-party licensing now triggers a notice obligation, which means you need to know it happened.
- Tell your insurer. Underwriters added AI-specific exclusions and disclosure questions in 2026 — see what production insurance actually costs.
Does any of this apply to non-union or short-form work?
The SAG-AFTRA agreement binds signatories. California's statutes are broader: AB 2602 is about contract enforceability, not union status, so an independent production shooting in California engaging a non-union performer is still operating in that legal environment. If you are producing short-form or creator work with performers on camera, the consent question does not go away because the budget is small.
Our broader piece on AI in film production covers where the technology is actually landing in the pipeline, as opposed to what it is contractually allowed to do.
Sources
- SAG-AFTRA Members Approve 2026 TV/Theatrical Contracts Tentative Agreement — SAG-AFTRA
- New AI Protections and a Merged Pension Plan: Inside SAG-AFTRA's Four-Year Deal — The Hollywood Reporter
- California Enacts Generative AI Law Addressing 'Digital Replicas' of Performers — Proskauer Rose LLP
- California's New AI Laws Limit Uses of Digital Likeness — Fenwick & West LLP
Frequently Asked Questions
When does the 2026 SAG-AFTRA agreement expire?+
It took effect on 1 July 2026 and expires on 30 June 2030. Members ratified it with 91.42% voting in favour on 4 June 2026.
Can producers use AI-generated actors under the 2026 contract?+
Only where the synthetic performer brings significant additional value compared to a live actor or that actor's digital avatar. Cost saving alone is not a qualifying justification, and the agreement attaches a penalty to using a synthetic performer in place of a real one.
What is the difference between AB 2602 and AB 1836?+
AB 2602 covers living performers and bars contract provisions allowing digital replica use without informed consent and reasonably specific description of intended uses. It took effect 1 January 2025. AB 1836 covers deceased performers and requires estate consent, effective 1 January 2026.
About the author
Geenesh S
Founder & Editor, ScenePaper
Builds and runs ScenePaper. Writes about how film production actually schedules, budgets and hires — and where the paperwork breaks.
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