Strengthened protection for performing artists regarding the use of their image and voice in the digital age

May 21, 2026

On May 14, 2026, amendments to the Federal Labor Law and the Federal Copyright Law were published in the Official Gazette of the Federation to the end of strengthening protections for performing artists against the use of their image, voice, and performances, particularly via the use of artificial intelligence systems and other technologies. The Decree entered into force on May 15, 2026.

The amendments are particularly relevant for the entertainment, advertising, dubbing, music, and audiovisual production industries, as well as for digital platforms and content creation.

More transparency in employment contracts for artists:

The Federal Labor Law now requires that employment contracts for performing artists expressly establish the conditions and applicable compensation when their image or voice is used in artificial intelligence systems or any other technology.

This means that the technological use of the artist’s image or voice cannot be implied or shielded by generic authorizations.

Greater protection of image and voice, but with open discussion:

The Federal Copyright Law now expressly recognizes that the image as well as the voice of performing artists, including those of their characters, may only be used or published with their express consent. This protection also covers content generated by artificial intelligence systems or other technologies.

When an artist receives remuneration for the use of their image, it will be presumed that the authorization covers only the agreed-upon purposes and terms. Any other use will require a new authorization and remuneration.

This amendment has sparked debate given that the previous text of Article 87 protected the “portrayal of a person,” and this right has already been broadly interpreted by the Supreme Court of Justice to include representative elements of the person, such as their voice, face, body, name, and identity. In contrast, the new wording focuses the protection of image and voice on performing artists. This raises the question whether the reform reduces federal protection that anyone could have previously invoked against the unauthorized use of their image.

Rules regarding cloning and impersonation:

The reform protects artists against impersonations of their performances or renditions using artificial intelligence or other technologies that can clone their performances or simulate their voice in an identifiable manner.

In audiovisual contracts, any cloning or impersonation of voice or image using artificial intelligence will require prior written consent.

The use of an artist’s image or voice, and their cloning or simulation by artificial intelligence systems, shall not be considered a violation when this is done for the purposes of parody, satire, or creative imitation, provided that it does not mislead the public nor seeks to replace the artist’s professional services in the market.

New rules for advertising:

Advertising contracts will be subject to greater regulation. Advertisements may be broadcast for up to six months from their first airing. Once that period has expired, any additional periods must be compensated.

After a year´s time, any subsequent use will require new authorization from creators and the holders of related rights, as well as updated compensation to match inflation and current market values.

Greater precision is also required in advertising contracts for digital, print, and mixed media, including physical media, distribution channels and platforms, as well as in the duration, territory, and geolocation.

Other aspects:

It´s possible to register agreements and contracts entered into by performing artists for performances, voice-over, commercial voice-over, and dubbing.

Artistic and cultural events, such as festivals, competitions, fairs, or others of a similar nature, can now be protected under reservations of rights for a term of one year as of the date of issuance.

Settlement, mediation, conciliation, and arbitration are expressly established as alternative dispute resolution methods for individuals whose rights are protected under the LFDA. These procedures may be conducted in person, online, or through a hybrid format.

This reform requires that contracts of employment, advertising, audiovisual, dubbing, voice-over, music, acting, and content production be reviewed.

As of now, it is advisable to avoid broad or generic authorizations for the use of image, voice, or performance, as well as to clearly establish permitted uses, media, platforms, duration, territory, compensation, and potential use that involves artificial intelligence or other technology.