Agency, estate or rights organization: who controls what?
They control different things. An agency represents living talent’s commercial rights, an estate controls a deceased performer’s likeness where national law allows, and a rights organization manages collective IP and royalties. Knowing who actually holds enforceable authority is the first step before any takedown or license.
Talent agencies
Agencies represent the commercial interests of living performers on their roster. They typically negotiate use of name, image and likeness and can act on unauthorized AI use on the talent’s behalf, within the scope of their representation agreement.
In the US, the SAG-AFTRA 2023 TV/Theatrical agreement set the baseline: a studio cannot create or reuse a performer’s digital replica without clear, informed consent and compensation. State right-of-publicity laws (for example California Civil Code § 3344) back this for living talent.
Estates of performers
When a performer dies, control of their likeness passes to their estate or heirs where national law recognizes post-mortem rights. California’s AB 1836 prohibits commercial use of a deceased performer’s digital replica without the estate’s consent (alongside Civil Code § 3344.1); other jurisdictions, such as Spain (LO 1/1982) and Germany (KUG § 22), vest control in the heirs. The estate’s authority depends on the succession and the country, which is why documentation matters so much.
Rights organizations
Rights and collective-management organizations administer intellectual property and royalties for many members at once, operating in the EU under the Collective Rights Management Directive (2014/26/EU) and, in Spain, the Ley de Propiedad Intelectual (the basis for societies such as AISGE and AIE). Adding likeness enforcement extends their existing role of protecting and monetizing members’ rights at scale.
Common questions
Can more than one party hold rights at once?
Yes. An agency, a rights organization and a label may each hold different slices (image, performance, recording). Clarity on who controls which right avoids conflicting claims.
Who can authorize an AI license?
Whoever holds the enforceable likeness right for that person in that jurisdiction, an agency for living talent, an estate for a deceased performer (e.g. under California AB 1836 or Spain’s LO 1/1982), subject to their authority.
Where does talicense fit?
talicense registers who holds the authority, monitors for violations, and routes licensing to that rights holder, for agencies, estates and rights organizations alike.
Sources
Primary legislation and authoritative references. Laws change; confirm the current text and its application with qualified counsel.
- US — SAG-AFTRA 2023 TV/Theatrical contract: AI & digital-replica provisions — SAG-AFTRA
- US — California Civil Code § 3344 (living) and § 3344.1 (deceased) right of publicity — California Legislative Information
- US — California AB 1836 (2024): deceased performers’ digital replicas require estate consent — California Legislative Information
- EU — Collective Rights Management Directive (2014/26/EU) — EUR-Lex
- Spain — Ley de Propiedad Intelectual (texto refundido, RDL 1/1996) — BOE
General information, not legal advice. Likeness and image rights vary by country. Confirm specifics with qualified counsel.