AI likeness rules demand immediate contract updates
Companies using individuals' images, voices or personas in content must update publicity releases, talent agreements and vendor contracts now to address AI-generated digital replicas and synthetic performers before new state and federal rules create unenforceable gaps.
Generative AI can now create realistic digital replicas of a person's face, body and voice, but many legacy publicity releases, talent agreements and influencer contracts lack clear AI-specific consent language. A rapidly shifting legal landscape—including California Labor Code section 927 and AB 1836, the pending federal NO FAKES Act, and New York's synthetic-performer disclosure law effective June 2026—means broad 'edit' or 'derivative works' clauses may no longer suffice. Litigation and FTC enforcement over unauthorized AI-generated likenesses and fake endorsements are already increasing. Organizations should review all agreements governing image, voice or persona rights, add precise definitions for digital replicas and AI uses, separate routine editing from synthetic recreation, price AI rights distinctly, require vendor restrictions on training models, build in approval and disclosure obligations, and add heightened safeguards for minors.