digital replica Reasonable description
of intended uses
NOTES
Effective January 1st, 2025:
Per state laws in CA and NY, any contract for a digital replica must include a “Reasonably Specific Description of Intended Uses” if the talent is not working under a union contract or not represented by a lawyer. Use these guidelines to help determine that description.
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Any additional or further use that has not been described will require new consent with a new “Reasonably Specific” description.
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Be wary of agreements that include waiving future consent rights.
Note: Both of these laws are brand new. As such, this is NAVA’s best interpretation of how the laws should be used by the voice acting industry. As clarification and changes occur, we will update this page.
FAQ
When do these laws apply?
-They are effective now and apply anytime a digital replica/clone/synthetic/AI Voice is being created.
Who do these laws apply to?
-Talent based in CA or NY
-Companies based in CA or NY.
-Talent OUTSIDE of CA and NY working with companies based in CA or NY.
-Companies OUTSIDE of CA and NY working with talent in CA or NY.
Is “Reasonably Specific Description of Intended Uses” defined in these bills?
-No, it is not.
Who can determine what is considered “Reasonably Specific”?
-Talent, agents, managers, casting directors.
Can the guidelines be adjusted or change?
-You may add or remove as long as you determine the description of intended uses is reasonable for that project.
Who is responsible for ensuring that these laws are followed?
-The burden falls to the production or company creating the digital replica.
Implementation Checklist
- Written Agreement: Include all the guideline elements below in the job description and agreement.
- Regular Updates: Talent must be kept informed of any changes.
- Agent/Casting Guidance: Ensure agents and casting directors explain these terms to their talent and producers/companies during negotiations.
- Consent Protocols: Establish clear, documented consent protocols for any expansions or changes in usage.
- Review Rights: Talent should have the right to review and approve final AI-generated content before distribution.
WHAT SHOULD BE INCLUDED IN
"Reasonable Description of Intended uses"
- Provide the project’s working title, codename, or final title for clarity.
- Product and/or product category must be provided to the Performer for commercial/conflict purposes
- Initial Platforms: All platforms (e.g., streaming services, social media, broadcast, games, etc) where the content will appear should be disclosed at the time of hiring.
- Platform Expansion: Performer must be informed and consent obtained if additional platforms are added post-contract.
- Training Data inclusion: Performer must be informed if the data is to be added to training/foundational data
- Distribution Details: Include platforms, networks, or channels where the content will appear.
- Based on Previous IP: Clearly state if the project is based on existing intellectual property (e.g., a game sequel, book adaptation, etc).
- Initial Term: Clearly define the length of usage (e.g., 1 year, 3 years, perpetuity, etc).
- Renewals/Extensions: Additional usage must require new consent from the performer.
- Known Genres: Specify all intended genres (e.g., animation, gaming, advertising, audiobooks, corporate training, etc.) at the time of hiring.
- New Genre Usage: If the content expands into new genres, new consent is required from the performer.
- Estimated Workload: Disclose the approximate length or size of the final content (e.g., a 10-hour audiobook, 30-second ad, 12 lines for a game character, etc.).
- Role Size: Specify the size of the performer’s role (e.g., lead character, supporting character, etc).
- Offensive Material: Disclose if the content contains profanity, sexual or violent themes, or racial/ethnic slurs, et al.
- Political/Religious Themes: Specify if the project advocates or denigrates any political, religious, or social positions, including protected classes.
- Real-Time Generation: Indicate if real-time voice generation or AI-driven performances are part of the project.
- Blended Performances: Clarify if the voice or likeness will be blended or altered with any other voice, likeness, or AI-generated elements.
- Digital Voice creation platform: Performer must provide consent to the digital voice creation platform (ie, Eleven Labs, etc)
- AI/Editing Scope: Clearly state whether the content will be edited or manipulated post-production using AI (e.g., Pickups, AI dubbing, language translations, etc).
- Consent for AI Reuse: Specify whether AI models based on the performer’s voice/likeness will be created or reused for future projects.