Why it matters
A digital replica is a realistic computer-made version of a person’s voice or likeness. Licensing one can be good business, but only with tight limits.
In California (AB 2602) and New York, a contract term allowing a digital replica of a performer can be unenforceable unless it describes the intended uses specifically and the performer was represented by a lawyer or union in the negotiation. Tennessee’s ELVIS Act protects voice as a property right. A federal NO FAKES Act passed the Senate Judiciary Committee in June 2026 but is not law yet.
How it usually reads
Licensee may create and use a Digital Replica of Talent only for the uses listed in Exhibit A, during the Term.
What fair looks like
- Each permitted use listed one by one: platform, language, campaign, number of outputs.
- A fixed term, usually 6 to 12 months, and an end to all use after it.
- Approval of scripts before anything is generated in your voice or likeness.
- No political, adult, medical or financial content and no use for other brands.
- Deletion of the model and training files at the end.
- Representation by a lawyer or union rep, required in some states.
Red flags
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any and all uses
Not specific enough, and in California and New York possibly unenforceable.
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perpetual license to the digital replica
Your voice or face working for someone else forever.
Common questions
Do I need a lawyer to license my digital replica?
In California and New York, a digital replica clause can be unenforceable if you were not represented by a lawyer or union. Elsewhere it is still strongly recommended.
What happens to the AI model after the deal?
A fair license requires deletion of the model and training data at the end, with written confirmation.