How In-Perpetuity Contracts Can Limit Earnings in Voice Over

Alright, so you’ve landed a big commercial gig, and the client’s ready to pay you thousands to use your voice. You’re stoked, right?

But then, buried in the contract, you see it: in-perpetuity rights. Sounds fancy, sounds official, but what does it actually mean?

And why should you, as a voice actor, care? Let’s break this down. This is In-Perpetuity Explained.

The Allure and Danger of In-Perpetuity Rights

First off, let’s talk about what “in-perpetuity” actually means. It’s a term that essentially translates to “forever.” When a client asks for in-perpetuity rights, they’re asking to use your voice in their project indefinitely—no end date, no expiration, nada. That means they can use that recording in their commercial for as long as they want, across any platform they choose, without ever paying you another dime.

Sweet deal for the client, right? But here’s where it gets sticky for you as the talent.

Let’s say you’ve voiced a killer ad for a fast-food chain. They paid you well upfront, and you’re feeling good. But now, three years down the line, that same ad is still running. Your voice is everywhere—TV, radio, digital streaming—raking in money for the client while you’re stuck with that one-time fee.

And here’s the kicker: because you sold them in-perpetuity rights, you’ve lost all leverage to negotiate for more. You’re essentially locked out of any future earnings from a project that might continue to be hugely profitable for the client.

Let’s stretch this out a bit more. Imagine this ad becomes iconic—people start associating your voice with this brand, maybe even quoting lines from it. You see it referenced on social media, and every time it airs, your friends and family send you texts saying, “Hey, I just heard you on TV again!”

Initially, this might feel great—a sense of pride, maybe even a little bit of fame. But that feeling can quickly sour when you realize that while everyone else sees your voice as synonymous with a successful campaign, you’re not seeing any ka-ching. The client, on the other hand, continues to rake it in, possibly even building entire marketing strategies around that ad.

But, what if another fast-food chain comes knocking, offering you even more money to be the voice of their brand? Problemo solved, right? Nope. Because you sold in-perpetuity rights to the first chain, you’re screwed. You can’t even audition.

Why? It’s called Soft Exclusivity, and we’ll get to that in a minute.

The Pitfalls of Selling Your Voice Forever

Let’s paint a picture here. Imagine you’ve agreed to in-perpetuity rights for a digital ad. Fast-forward a decade, and that company has grown exponentially. They’re a household name, thanks in part to that iconic ad campaign featuring—you guessed it—your voice. But instead of earning more as the company grows, you’re left watching from the sidelines.

Here’s where things can get even more frustrating. Suppose that this brand has now expanded into new markets. They’re rolling out the same ad in different languages, and for consistency, they keep your voice in the original language versions. So now, not only is your voice promoting this brand across multiple countries, but it’s also doing so without any additional compensation. You might see the ads pop up while traveling, or friends abroad might recognize your voice—yet all the while, your bank account remains unchanged.

Meanwhile, your voice becomes so associated with that brand that other potential clients steer clear. They don’t want to hire “the voice of XYZ” because it might confuse their audience. So, not only have you missed out on additional compensation from the original gig, but you’re also potentially losing out on future work because your voice is, in essence, taken.

And here’s where it gets even trickier: what if the brand you’ve lent your voice to falls out of favor? Or worse, what if they do something that lands them in hot water, and suddenly, your voice is attached to a brand embroiled in controversy? The potential for that brand to be seen as toxic means your association with them could harm your reputation, and with in-perpetuity rights, you have zero control over how long that association lasts.

Imagine a scenario where the company you voiced an ad for makes a controversial decision—maybe they’re caught in a scandal, or they’re boycotted for something they’ve done. Now, every time that ad plays, your voice is associated with a brand that’s getting dragged through the mud.

And remember, since you sold in-perpetuity rights, you can’t just ask them to stop using your voice. You’re stuck with that association, and depending on the situation, it could affect how future clients perceive you. They might think twice before hiring someone whose voice is linked to a tarnished brand.

What Soft Exclusivity Means for Your Career

Let’s circle back to this idea of soft exclusivity because it’s one that’s easy to overlook until it bites you. When you agree to in-perpetuity rights, especially in a high-profile commercial, you’re effectively locking your voice to that brand forever. Even if there’s no hard-and-fast exclusivity clause in the original contract, the perception is that your voice belongs to that brand.

Let’s say you’re the voice of a popular energy drink. You nailed the read, and the ad’s a hit. But now, a competing energy drink company approaches you with a lucrative offer. They love your voice and want you to be the face—or rather, the voice—of their new campaign.

Here’s the problem: your voice is now so tied to the first brand that taking this new job could create confusion or, worse, legal issues. The first company can claim you’re violating a non-compete or exclusivity agreement, even if it’s a bit of a gray area.

Or, even if they don’t have legal grounds to stop you, the association is so strong that it could affect the perception of the new campaign. The new potential client’s concern is that consumers won’t be able to separate the two brands. That’s called a conflict, and that’s why you won’t even be able to audition.

The Ongoing Financial Impact

Let’s not forget the financial impact. When you agree to in-perpetuity rights, you’re essentially taking a flat fee for work that could generate revenue for years. Imagine if TV actors were paid a one-time fee for a show that went on to become a syndication goldmine—those actors would be losing out on millions in residuals. The same principle applies to voiceover work.

If you’re voicing a commercial that has the potential to run for years, you’re missing out on the opportunity to negotiate renewals down the line. This isn’t just about getting paid for your time; it’s about ensuring that your work continues to be valued as long as the spot is running.

Without this, you’re effectively giving the client the rights to print money with your voice, while you’re left with that initial check, which, in hindsight, is a pittance.

This is particularly relevant as the industry evolves. With the rise of digital platforms and the increasing use of targeted ads, a commercial can have a much longer lifespan than in the past. It’s not just about national TV spots anymore—ads can run indefinitely on YouTube, streaming platforms, and even social media.

Each of these platforms has the potential to reach millions of viewers, all while your voice continues to work for the client, free of charge. If you’ve signed away in-perpetuity rights, you’re locked out of any future earnings, even as the ad continues to generate revenue for the client.

Why In-Perpetuity Rights Are Acceptable for Non-Broadcast Work

Now, you might be wondering, “Is in-perpetuity ever okay?” The answer is yes, but it’s all about context. When it comes to non-broadcast projects—like internal corporate videos, e-learning modules, medical narration, or explainers—the stakes are different. These projects aren’t designed for mass public consumption, and they’re not about driving long-term revenue streams using your voice. Instead, they’re often one-off productions with a limited audience and a specific purpose.

For example, an internal corporate training video might need to live on the company’s intranet indefinitely, but it’s not something that will generate ongoing profit or exposure for the company in the same way a commercial ad would.

So, agreeing to in-perpetuity rights here makes sense because the potential for long-term loss of income or exclusivity conflicts is minimal. The content isn’t likely to be repurposed in ways that would impact your future earnings or opportunities.

Plus, these non-broadcast projects often have a finite shelf life. E-learning courses might be updated regularly, meaning your voice work will eventually be replaced or archived. Medical narrations may be used for a specific project or time period and then retired.

So, while your voice is tied to the project indefinitely, the likelihood that it will still be in circulation years from now is slim, and even if it is, it’s not typically associated with a high-profile brand in a way that would limit your future opportunities.

Here’s an example. Let’s say you’re working on an e-learning project for a large corporation. The course is designed to train new employees on company policies and procedures. Once it’s recorded and implemented, it may be used by the company for years, but only internally. It’s not going to run on TV, it’s not going viral online, and it’s not building brand recognition in the public space.

In this scenario, in-perpetuity rights are less of a risk because the reach and potential impact on your career are minimal. The content serves a specific purpose, and once that purpose is fulfilled, it’s unlikely to have any bearing on your future work.

Similarly, in medical narration, you might be providing a voice for a series of explainer videos on a particular medical procedure or drug. These videos are typically distributed within a controlled environment—perhaps to medical professionals or patients through a healthcare portal.

The scope of the audience is limited, and the purpose is educational rather than commercial. The need for the client to use your voice indefinitely is understandable, but again, the exposure is limited to a specific context. The in-perpetuity clause in this case is more about the practicality of long-term use in a specialized setting rather than maximizing profits at your expense.

That said, even in non-broadcast work, it’s still crucial to understand what you’re agreeing to. Just because in-perpetuity rights are more acceptable in these cases doesn’t mean you should sign away your rights without considering the potential impact.

For instance, if the project could be repurposed for a broader audience in the future—say, turning an internal training video into a public-facing course—there might still be room for negotiation. You could include clauses that allow for additional compensation if the project’s use expands beyond its original scope.

The big lesson here is make sure any and all usage is detailed as clearly and specifically as possible in the contract or scope of work.

Protecting Your Rights and Career

So, how do you protect yourself while still landing those lucrative gigs? It all comes down to understanding your rights and negotiating smartly. When a client asks for in-perpetuity rights for broadcast spots, don’t be afraid to push back.

Ask why they need those rights indefinitely and whether a more limited term—say, one year or three years—might work just as well for their needs. Often, clients are open to negotiation, especially if you can demonstrate that you’re not trying to be difficult, but simply protecting your future earning potential.

For instance, instead of outright rejecting in-perpetuity rights, you could offer a compromise. Suggest a term that aligns with the typical lifecycle of an ad campaign—maybe two or three years—with an option to renew at an additional fee.

This way, the client still gets the long-term use they’re looking for, but you retain the ability to renegotiate if the campaign is wildly successful. It’s a win-win: they get the stability of knowing they can use your voice for the duration of the campaign, and you get the security of knowing you’ll be compensated fairly if the project continues to generate revenue.

Another strategy is to negotiate for additional compensation if the ad or project continues to run beyond a certain time frame. This way, you’re not just getting a one-time fee but setting yourself up for potential future earnings if the project has legs. Think of it as residuals for your voice work—if the project keeps delivering value for the client, it’s only fair that you share in that success. This approach can also be beneficial if you’re dealing with a client who’s hesitant to offer a higher upfront fee. By structuring the contract with built-in extensions or bonuses, you create a scenario where both parties feel secure and valued.

Again, always read the fine print. If the client is asking for in-perpetuity rights and exclusivity, even if it’s non-broadcast, make sure you fully understand the implications. Can you still work for competing brands? Is the exclusivity tied to a specific region or medium, or is it global? Clarifying these details upfront can save you a lot of headaches down the line.

For example, you might negotiate that the exclusivity applies only to a specific type of product or service within a particular market. So, if you’ve voiced an ad for a regional fast-food chain, how are they defining fast food? Is it all fast food? Fast-casual? Cafés? Coffee-shops?

This way, you’re free to take on work from other sectors or regions without breaching the contract. Or, you might negotiate that the exclusivity only applies for the duration of the campaign, after which you’re free to work with competitors. This kind of clarity not only protects you but also builds trust with your clients, who can see that you’re committed to ensuring both parties benefit from the agreement.

In-Perp and AI Models

This is an aspect of in-perpetuity that didn’t exist even a couple of years ago. If you’re considering having an AI model of your voice made, you need to be aware of in-perpetuity in that scenario and here to explain it is NAVA Vice-President, Carin Gilfry.

This is an Instagram video she did just 2 days before we filmed this video and she explains it perfectly:

Tech companies are trying to get actors and individuals to sign away the rights to themselves, to their voice, image, name, and likeness in perpetuity.

And you should not do that.

Don't take that deal, no matter how much they're offering you, for a couple of reasons. One, you don't want a tech company to own you in perpetuity to do with whatever they want forever. You want to have a licensable term.

Second, the No Fakes Act is a bill that would give every individual person intellectual property rights to their voice, image, name, and likeness. And the license term that is included in this bill is no more than 10 years. That means that the tech companies would not be able to use your voice for more than 10 years without asking your permission again and hopefully paying you again.

So, they're trying to get in perpetuity now, in part, maybe because they know that this legislation is coming and anything after the bill is passed will only be allowed to be 10 years, but it won't be retroactive.

So, if you sign away the rights to your voice, image, name, and likeness now, you are locked in.

So, don't do it. Hold strong, stand together. We can do it.

As with broadcast, you want a finite licensable term. 3 years, 5 years, 10 years. Do not agree to in-perpetuity.

In-perpetuity rights can seem like a great deal at first glance—after all, it’s a chunk of money upfront, right? But as a voice actor, your voice is your brand, and giving away the rights to that brand forever can have disastrous long-term consequences. Whether it’s missing out on future work, losing control over how your voice is used, or watching as your voice continues to make money for a client while you get nothing, the risks are real.

It’s tempting to take the money and run, especially early in your career when every gig feels like a crucial stepping stone. But remember, your voice is your most valuable business asset. It’s not just about getting paid for the work you do today; it’s about ensuring that your talent continues to make you money in the future.

In-perpetuity rights might seem harmless now, but they can come back to bite you in the ass as your career progresses.