Principles of using actors` voices

USE OF VOICE

PRINCIPLES FOR THE USE OF THE VOICE OF ACTORS REPRESENTED BY THE ESTONIAN ACTORS’ UNION

 

Valid from 10 June 2025

 

The Estonian Actors’ Union (ENL) represents Estonian professional actors and, as a collective management organisation, exercises the related rights of its members (ie, rights of performer). ENL supports technological development and innovation while emphasizing the responsible application of technology and artificial intelligence to safeguard the interests of artists, including actors.

 

The principles governing the use of the voice are established for mandatory compliance by anyone wishing to use the voice of the actors represented by ENL, including the use of the synthetic voice generated by the voice of the actor.

 

What is a synthetic voice?

 

A synthetic voice is an artificial voice created by a computer or artificial intelligence that imitates a human voice. The human voice is used to create and train a synthetic voice, which is why synthetic voice often reflects the tone and expressiveness of the voice owner. Synthetic voice is generally created using Text-to-Speech technology, that transforms written text into speech. A synthetic voice is used, for example, in audiobooks, films, and also various devices.

 

When and under what conditions is it allowed to use an actor’s voice, including a synthetic voice created by their voice?

 

1. Explicit written authorisation

 

Need for explicit authorisation. To use an actor’s voice, explicit written authorisation from ENL is required to ensure that the activities comply with both the Copyright Act and the EU General Data Protection Regulation (GDPR). It is important to understand that data protection rules are closely linked with the rules for protecting intellectual property rights.

 

Performer’s rights. An actor who has voiced the text that is used as the basis for creating the synthetic voice is regarded as the performer of the work (Copyright Act § 64). The performer of the work automatically acquires the moral and economic rights of the performer, which is why the performer has the exclusive right to authorise or prohibit the use of the performance (Copyright Act §§ 65–67). Thus, the use of a performance without the actor’s respective authorisation infringes the performer’s rights, except in cases where exceptions provided for by law apply, such as the use of a performance for personal needs or for scientific and educational purposes.

 

Data protection. A voice is unique to each individual and can also be used to identify a particular person. Thus, a voice constitutes personal data and any act involving a voice, including the creation, use, and transmission of a synthetic voice to a third party, requires a legal basis (GDPR Article 6(1)). The primary legal basis is the voluntary, specific, informed, and unequivocal consent of the actor (GDPR Article 6(1)(a)) or a contract for the processing of personal data (GDPR Article 6(1)(b)). In addition, a voice as a personal data may only be processed to achieve specific and clearly defined legitimate purposes and may not be further processed for purposes incompatible with those for which the voice was first collected (GDPR Article 5(1)(b)). The existence and suitability of the legal basis and purpose of processing are the responsibility of the person who is processing personal data. In the absence of a legal basis and a clear purpose, any act involving an actor’s voice violates data protection rules.

 

2. The contract clearly outlines how and under what conditions the voice can be used

 

In a written contract under which a person wishes to use an actor’s voice, the conditions and methods of using the voice must be clearly regulated, along with effective legal remedies to prevent and address violations. When concluding the contract, the actor must, among other things, be able to foresee and understand:

• that their voice will be used to create a synthetic voice;
• in what ways the synthetic voice created on the basis of their voice may be used;
• exclusions how the synthetic voice must not be used;
• what security measures are being used to ensure the secure preservation and protection of the voice;
• all mandatory information concerning the processing of personal data (see GDPR Article 13).

 

3. Actors are paid a fair remuneration for the use of their voice

 

An actor must be paid a fair remuneration for the use of their voice – this is a principle that cannot be changed by contract. An actor’s performance is used to create a synthetic voice, and the actor has the right to obtain appropriate and proportional remuneration for the use of the performance (Copyright Act § 68(1)). The use of the voice of an actor without payment of remuneration is not permitted except upon application of the exceptions provided by law.

 

4. The actor will be provided with information on the manner in which the voice is used and the revenue earned at least once a year

 

The actor must be provided with appropriate and adequate information on the use of voice at least once a year. The information to be provided must contain at least information about (Copyright Act § 49¹(1)):

• the manners of use;
• the whole revenue received; and
• the (additional) remuneration paid to the actor.

 

If the remuneration initially agreed in the contract proves to be disproportionately low with the total direct or indirect income resulting from the use of the actor’s voice, the actor will have the right to demand that the contract be amended for additional, appropriate, and fair remuneration (Copyright Act § 49²).

 

How should contracts previously concluded with actors be interpreted?

 

ENL takes the view that no contract already concluded in which an actor has agreed to transfer their performer’s rights (either broadly or in the context of specific commercial objectives) should be interpreted as a legal basis for the use of such performer’s rights in the context of new technologies (such as artificial intelligence and the Text-to-Speech technology) that were unknown or considered insignificant at the time the contract was concluded. This position does not apply to contracts explicitly referring to this activity as permitting the use of the actor’s performance.

 

Summary

 

Explicit and written authorisation from ENL is required to use the voices of the actors represented by ENL. The use of a voice without the authorisation of ENL violates both related rights (rights of performer) and data protection rules.

 

To obtain authorisation, please contact:

Email: enliit@enliit.ee

Tel: +372 53 41 5555