AI in Film Contracts: What Indie Filmmakers Need to Know

Contracts have always been part of filmmaking, but new technology is reshaping how those contracts affect filmmakers, actors, and crews. What used to be standard legal boilerplate is now a potential minefield, especially when it comes to AI in film contracts (and general image rights).

In Episode 35 of the Indie Film Podcast, we sat down with filmmaker and lawyer Ellen Smith to talk about why “in perpetuity” language in contracts is no longer harmless, and how indie filmmakers can protect themselves.

In classic legal fashion, while Ellen is happy to offer details and insights from her own legal clients, and personal experiences as an actor, she (and we!) also caution not to take all of this as legal advice that's specific to your situation. The bottom line: When in doubt, call a local lawyer you trust!

What Does “In Perpetuity” Mean?

For decades, contracts have included language granting rights to use an actor’s image “in perpetuity throughout the universe.” It sounds dramatic, but it was originally meant to cover new technology, like VHS, DVDs, or streaming platforms that didn’t exist yet when the contract was written.

In other words, the clause was a safety net for studios. But today, it has unintended consequences.

AI in Film Contracts

With the rise of artificial intelligence, those “in perpetuity” clauses have taken on a new meaning. Signing away your image indefinitely could allow companies to:

• Train AI models on your likeness

• Recreate your performance digitally without your consent

• Generate future content you were never paid for or involved in

What was once a way to ensure distribution rights now opens the door to digital exploitation.

Real-World Risks for Actors and Filmmakers

Actors who sign away their image might find themselves in commercials, deepfake videos, or other projects they never agreed to. And once that contract is signed, the legal path to fight it is often limited.

Ellen provides one client example where an actor, who had since moved to a larger market, had old footage that was being used in a new way. And not a flattering one. The new content was all about "how not to make local commercials". This began affecting the actor's career negatively, however, the contract that they'd signed was pretty ironclad. Enter Ellen Smith: A lawyer who understands a well-worded demand letter. Thankfully the story has a happy ending, and the company stopped running that specific footage, but without a lawyer to turn to it could have continued to impact their acting career.

Even indie filmmakers aren’t immune. Using outdated contract templates without revising the fine print could put both your project and your performers at risk; creating legal battles that derail distribution.

What Filmmakers Should Do Instead

Protecting your project doesn’t mean hiring a full-time lawyer (though consulting one when possible is smart). It means being intentional with the language in your contracts. Some key steps include:

• Review release forms carefully: avoid vague “in perpetuity” language without limitations.

• Specify usage: define how and where footage can be used.

• Stay updated: AI tools evolve quickly, and so should your contracts.

• Consult legal resources: even a short consultation with an entertainment lawyer can prevent years of trouble.

The lesson? Don’t treat contracts as afterthoughts. With AI reshaping the industry, language that once felt routine could now cost you your career, or your entire film. If you’re an indie filmmaker, actor, or student stepping onto set, take the time to understand what you’re signing. Your future self will thank you.