"Take a real creator and deepfake them" is not a production plan.
It is a rights problem stated casually.
A legitimate digital double can be valuable:
- fewer reshoots;
- approved format variations;
- localization;
- safe pickups;
- creator participation without constant scheduling.
It only works when the creator has informed control, receives fair compensation, and can understand each intended use.
This is a contracting and operational framework, not legal advice. Laws and union agreements differ by jurisdiction and production.
Use the right language
SAG-AFTRA defines a digital replica as a replica of a person's voice and/or likeness created with digital technology. Its current resources emphasize consent, control, specific intended uses, and compensation. The 2025 Commercials Contracts require consent before creating a replica and informed consent before use for covered work. Review SAG-AFTRA's current Commercials Contract AI guidance.
The U.S. Copyright Office has also published a report on digital replicas and recommended federal protection against unauthorized replicas. See its Copyright and AI initiative.
Call the asset what it is.
Do not hide it under:
- creator enhancement;
- synthetic reshoot;
- AI likeness;
- face model.
Separate creation consent from use consent
Creation consent:
May we capture data and create the digital replica?
Use consent:
May we use this replica in this specific campaign, script, category, territory, term, and media?
They are different.
The contract should not treat participation in a capture session as blanket permission for unlimited future performances.
Contract fields
Parties and asset
- legal identities;
- creator/performer status;
- union status;
- visual replica;
- voice replica;
- training/fine-tuning;
- source recordings;
- derived assets.
Intended use
- brand;
- product;
- category;
- organic/paid;
- platforms;
- territories;
- languages;
- campaign;
- term;
- maximum or expected volume;
- whether new dialogue can be generated.
Prohibited use
- politics;
- adult;
- gambling;
- weapons;
- medical/financial claims;
- defamation;
- synthetic testimonial;
- sensitive personal story;
- competitor endorsement;
- sublicensing;
- model training beyond the replica;
- use after expiry.
Approval
- script approval;
- visual approval;
- voice approval;
- final-asset approval;
- turnaround;
- deemed approval prohibited or carefully defined;
- emergency takedown.
Compensation
- capture/session fee;
- creation fee;
- per-use fee;
- holding period;
- paid-media use;
- renewal;
- residual or revenue share where applicable;
- pension/health obligations where applicable;
- audit rights.
Control
- creator portal/access;
- use log;
- withdrawal rules;
- expiry;
- suspension;
- dispute;
- deletion;
- surviving published assets.
Have qualified counsel draft and review.
Give a reasonably specific use description
Weak:
Brand may use likeness for all AI content forever.
Specific:
If the use changes, ask again.
Capture only what is needed
Capture plan:
Visual identity
- front;
- three-quarter;
- profile;
- neutral expressions;
- approved emotional range;
- consistent lighting baseline.
Motion
- blinks;
- head turns;
- restrained reactions;
- hand/face movement;
- common format motions;
- safe transitions.
Voice
- phonetic coverage;
- pacing;
- emotional range;
- clean recording;
- room tone;
- explicit approved use.
Metadata
- consent version;
- asset IDs;
- capture date;
- allowed model/vendor;
- retention;
- encryption;
- deletion date.
Do not collect an open-ended biometric dataset because "more data is better."
Secure the source data
Treat face and voice source data as sensitive.
Controls:
- encryption at rest and transit;
- least privilege;
- named administrators;
- access log;
- isolated client/workspace;
- vendor agreements;
- retention schedule;
- deletion verification;
- incident response;
- no test-environment copying;
- no employee download by default.
Voice cloning has clear impersonation and fraud risks. The FTC's voice-cloning work discusses upstream prevention, authentication, detection, and post-use evaluation.
Build separate visual and voice assets
Do not make one creatorApproved = true flag.
The creator may approve:
- visual silent reactions;
but reject:
- cloned speech;
- first-person copy;
- a category;
- a particular campaign.
Use a creator-owned approval queue
For every use:
The creator sees:
- exact script;
- visual;
- product;
- context;
- destination;
- disclosure;
- duration;
- media;
- term;
- compensation.
Approval is immutable and version-specific.
Never invent creator experience
The digital double can perform new authorized copy.
It should not claim:
"I used this product for six months."
unless that is the creator's truthful experience and the specific endorsement is authorized and substantiated.
Safer role:
Brand presenter explaining a feature.
Or:
Creator reads a founder-approved script without implying independent experience.
Disclosure and endorsement rules still apply.
Build identity with a measurable threshold
Review:
- face similarity;
- age presentation;
- skin/hair;
- voice similarity;
- emotional range;
- unintended resemblance changes;
- cultural/identity representation;
- creator comfort.
The creator—not only an embedding score—decides whether the replica represents them acceptably.
Preserve original and generated provenance
If a harmful or unauthorized asset appears, provenance supports:
- takedown;
- root-cause analysis;
- scope identification;
- creator notification;
- deletion.
Example: owned format variations
These first-party assets demonstrate a source format and approved creator variants.
They do not authorize cloning an unrelated public creator.
Expiry and deletion
At expiry:
- block new generation;
- remove model/vendor access;
- resolve active campaigns;
- stop new paid delivery as required;
- delete or archive according to contract;
- produce deletion evidence;
- preserve only required accounting/legal records;
- notify creator.
Decide in advance what happens to:
- already published organic posts;
- cached platform media;
- derivatives;
- model weights;
- embeddings;
- backups;
- prompts;
- analytics.
Takedown
Provide:
- fast creator contact;
- defined response time;
- campaign pause ability;
- cross-platform inventory;
- dispute escalation;
- post-incident report.
Do not make the creator chase five agencies to stop their own digital face.
Economics should include the creator
Cost per approved use:
The digital double should not be priced as free labor after one scan.
SAG-AFTRA's frameworks offer useful principles even when a specific project is non-union:
- consent;
- control;
- compensation;
- specific use.
When not to create one
- creator does not understand the technology;
- contract seeks perpetual blanket rights;
- product needs authentic personal testimony;
- use is reputationally sensitive;
- security cannot protect source data;
- brand cannot support approvals;
- economics depend on excluding the creator;
- the team plans to hide AI use;
- a normal reshoot is simpler.
The actual product opportunity
A consent-first digital-double workflow can align incentives:
- creator earns from approved uses;
- brand gets repeatable production;
- customers get transparent content;
- every use remains inspectable.
The defensible advantage is not "deleting the creator's production ceiling."
It is giving the creator a controllable way to license specific performances without filming every variation.
For asset reconstruction after rights are settled, read The shot-by-shot AI UGC reconstruction workflow. For creator-role rules, use The AI creator persona bible.