---
title: "Talent and performer agreement clause: AI digital replicas, likeness and voice cloning"
url: "https://ailawframework.com/precedents/sports-and-entertainment-law/talent-ai-likeness-and-voice-clause"
type: "precedent"
site: "AI Law Framework"
id: "a39-talent-ai-likeness-and-voice-clause"
area_id: "A39"
kind: "clause"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Talent and performer agreement clause: AI digital replicas, likeness and voice cloning

> Clause for talent, performer and influencer agreements that requires specific, informed and separately paid consent for any digital replica or voice clone, limits use to described purposes, bans AI training, and gives…

Canonical page: https://ailawframework.com/precedents/sports-and-entertainment-law/talent-ai-likeness-and-voice-clause  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

Clause for talent, performer and influencer agreements that requires specific, informed and separately paid consent for any digital replica or voice clone, limits use to described purposes, bans AI training, and gives approval, labelling and takedown rights.

## Key facts

- Kind: Clause. Wording to drop into a longer document.
- Practice area: [Sports & Entertainment Law](https://ailawframework.com/precedents/sports-and-entertainment-law.md)
- Jurisdictions: Australia, United States, United Kingdom (England and Wales), European Union
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 8 authorities it cites, for 4 jurisdictions.

## When to use it

Insert into a talent, performer, presenter, voiceover or influencer agreement where the producer or brand may scan, record or synthesise the person's likeness or voice. Use the producer-friendly or talent-friendly alternatives as instructed. Check any applicable industry agreement first.

## How AI may be used

AI can help adapt the clause to the deal and populate the schedule of approved uses, but the scope of consent, fees and approval rights are commercial and legal judgments the lawyer settles with the client.

**AI may:**

- Populate the Schedule of Approved Uses from the term sheet and production plan.
- Compare the counterparty's AI wording with this clause and list differences in an issues table.
- Draft a plain-English explanation of the clause for the talent.

**AI must not:**

- Must not be given scans, voice recordings or images of the talent to test or demonstrate anything.
- Must not decide that a use is covered by an existing consent.
- Must not generate a likeness or voice of the talent for any purpose.

**The lawyer checks:**

- Each approved use is described specifically enough to be understood by the talent (and meets California Labor Code s 927 if California law may apply).
- Separate fees for replica uses are stated.
- Any industry or collective agreement terms on digital replicas are checked and prevail where required.
- Data security and deletion obligations cover scans and voice data held by subcontractors.

## Authorities

- [Copyright Act 1968 (Cth) Pt IX (moral rights, including performers' moral rights) and Pt XIA (performers' protection)](https://www.legislation.gov.au/C1968A00063/latest/text)
- [Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) ss 18, 29(1)(e), (g), (h)](https://www.legislation.gov.au/C2004A00109/latest/text)
- Henderson v Radio Corporation Pty Ltd (1960) 60 SR (NSW) 576 (passing off by unauthorised use of performers' image)
- [Privacy Act 1988 (Cth) Sch 2 (statutory tort for serious invasions of privacy, from 10 June 2025)](https://www.legislation.gov.au/C2004A03712/latest/text)
- [California Labor Code section 927 (digital replica provisions, from 1 January 2025)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=927)
- [Ensuring Likeness, Voice, and Image Security (ELVIS) Act 2024 (Tenn.) (Public Chapter No. 588)](https://publications.tnsosfiles.com/acts/113/pub/pc0588.pdf)
- [Irvine v Talksport Ltd 2002 EWHC 367 (Ch); 2002 1 WLR 2355 (false endorsement)](https://www.bailii.org/ew/cases/EWHC/Ch/2002/367.html)
- [Regulation (EU) 2024/1689 (AI Act) art 50(4) (disclosure of deep fakes, applying from 2 August 2026)](https://eur-lex.europa.eu/eli/reg/2024/1689/oj)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/sports-and-entertainment-law/talent-ai-likeness-and-voice-clause and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*