New contractual obligations and restrictions on their use.
In brief
On 15 May 2026, amendments to the Federal Labor Law and the Federal Copyright Law took effect, strengthening the protection of performing artists regarding the use of their voice, image, and performances, particularly in digital environments and artificial intelligence.
Key takeaways
The reform introduces new contractual obligations and establishes significant restrictions on the use of voice, image, and performances, including their use through technologies and artificial intelligence (AI), significantly affecting companies that create AI platforms or train models for the creation of synthetic characters, as well as advertising, marketing, media, and entertainment companies, digital platforms, radio stations, television networks, dubbing companies, and campaigns featuring artistic talent. In practice, it requires greater clarity regarding the scope of the rights granted and reinforces the need for specific consents, with a direct impact on the creative, advertising, and digital industries.
In more detail
- Contractual obligations. Employment contracts with performing artists must expressly stipulate the conditions and remuneration applicable to the use of their voice and image, including their use through AI systems or other technologies, among other requirements such as number of copies or print run, distribution channels and platforms, geolocation, duration, and territories. This is important because, in case of doubt, the interpretation most favorable to the artist will prevail.
- Protection of images, voices, and performances.
- Voice as a protected asset. The voice is recognized as a protected element, with protection extended to results generated by AI systems or other technologies.
- Express, specific, and limited consent. The use of a voice, image, or performance will require express consent and shall be strictly limited to the agreed-upon purposes and terms.
- Additional exploitation subject to authorization. Any other use will require new authorization and remuneration.
- Limited exceptions. Unauthorized use is permitted in limited cases (parody, satire, or creative imitation), provided there is no professional substitution of the artist or risk of confusion.
- Artificial Intelligence
- Recognition within the legal framework. Artificial intelligence is incorporated as part of the legal framework applicable to computer programs.
- Regulated cloning and simulation. Artists may authorize or prohibit the cloning or simulation of their voice or performances using technologies or AI.
- Prior written consent. Any use that generates identifiable clones or simulations will require prior written authorization, except in limited cases.
- Expansion of performing artist concept. Broadcasters, commercial voice-over artists, and voice actors are expressly included as protected parties.
- Advertising contracts. The reuse of campaigns after one year will require new authorizations and an update to the compensation. Furthermore, contracts must specify, among other elements, platforms, territories, and duration, and exclusivity or non-competition clauses may not exceed the term of the contract.
- Dispute resolution. Alternative dispute resolution mechanisms are introduced, including settlement, mediation, conciliation, and arbitration
Practical implications for businesses
- Review and update contracts
- Clearly define authorized uses
- Monitor reuse and campaign extensions
- Obtain written authorizations for AI, cloning, or simulation
- Assess the risk of penalties and disputes
