Is Voice Cloning Legal? ElevenLabs Commercial Use & Rights (2026)

I run a podcast network and we're looking at using ElevenLabs to clone my own voice for ad reads. The idea is I'd record a few hours of training audio, then use the AI to generate sponsor spots so I don't have to personally record every single ad.

Is this legal for commercial use? I've seen stories about people getting sued over voice cloning and I want to make sure I'm doing this right. It's my own voice, I'm not trying to clone anyone else.

Also wondering about the ElevenLabs license - if I'm on their paid plan, do I actually own the voice clone or do they have rights to it?

Good question, and smart to think about this before diving in. Let me break down the legal landscape for voice cloning in 2026:

Cloning your OWN voice - generally legal:

• You have the right to use your own voice commercially
• Creating an AI clone of your voice for your own business is legally similar to recording yourself
• No consent issues when it's your voice and your commercial project

State voice rights laws to be aware of:

• California (Civil Code 3344): Strong right of publicity protections. You can use YOUR voice freely, but cloning others requires written consent
• New York (Civil Rights Law 50-51): Similar protections. The state expanded these to cover AI-generated voice replicas in 2024
• Tennessee (ELVIS Act 2024): Explicitly covers AI voice cloning - requires consent for using anyone's voice
• Other states: Many have general right of publicity laws that courts are interpreting to cover voice cloning

For your use case - cloning your own voice for your own podcast ads - you're in the clear legally. The issues arise when people clone voices without the voice owner's consent.

I've been using ElevenLabs professionally for about 18 months now. Here's what you need to know about their terms:

ElevenLabs License Terms (as of January 2026):

• On paid plans (Starter, Creator, Pro, Enterprise), you get commercial use rights to audio you generate
• You must own or have rights to any voice you clone - this is in their TOS Section 5
• They require you to confirm you have consent before cloning any voice
• Free tier is for non-commercial use only

Who owns the voice clone?

This is where it gets nuanced. You retain rights to audio content you create using their service. However, ElevenLabs retains rights to the underlying model and technology. Your custom voice profile is essentially "your voice interpreted through their tech" - you can use it commercially per the license, but you don't own the actual AI model.

For podcasters like yourself, the practical answer is: yes, you can use your cloned voice commercially on paid plans. Just keep records proving the voice is yours.

I actually do this commercially and can share my experience. I'm an audiobook narrator and I use ElevenLabs to clone my voice for certain projects.

My setup:

• ElevenLabs Pro plan ($99/month)
• Cloned my own voice using about 3 hours of clean audio
• Use it for audiobook narration on specific projects where the publisher agrees to AI-assisted production
• Revenue is around $4-5k/month from AI-generated audiobooks

What I've learned:

1. Always disclose AI involvement to clients/publishers - it's becoming industry standard
2. ACX (Amazon's audiobook platform) now requires disclosure of AI narration
3. Some publishers explicitly prohibit AI voices - check contracts before pitching
4. Quality still requires human editing - I spend time cleaning up pronunciation and pacing

The technology is good enough for commercial work now, but transparency is key. Most issues I've seen come from people trying to hide the AI involvement, not from the actual use of voice cloning.

Just want to add a warning here since this thread is talking about commercial use - do NOT clone celebrity voices or public figures, even for "parody" purposes.

Recent cases that went badly:

• A YouTuber got sued for using an AI-generated "Morgan Freeman" voice in sponsored content - settled for undisclosed amount but had to remove all videos
• A podcast that used AI-cloned voices of politicians for "comedy" got cease and desist letters
• Multiple Twitch streamers have been DMCA'd for using celebrity voice clones

The law is very clear on this: using someone else's voice without consent, especially commercially, violates their right of publicity. "Parody" is not a blanket defense for voice cloning the way it can be for visual works.

ElevenLabs actually bans cloning public figures without consent in their TOS. They've suspended accounts for this.

@ContentWarning_Dave raises an important point. Let me expand on the consent requirements since this is where most legal trouble happens:

Consent requirements for voice cloning:

• Your own voice: No consent needed beyond agreeing to platform TOS
• Employees/contractors: Get written consent. Include it in employment agreements or as a separate release
• Third parties: Explicit written consent required. Should specify permitted uses, duration, compensation
• Deceased individuals: Rights may pass to estate - varies by state. California extends publicity rights 70 years after death

What proper consent documentation should include:

1. Clear identification of the voice being cloned
2. Specific permitted uses (commercial, non-commercial, platforms, etc.)
3. Duration of the license
4. Compensation terms if any
5. Right to revoke (or not)
6. Acknowledgment that AI/synthetic voice technology will be used

For @PodcastPro_Marcus's situation - since it's your own voice, you just need to document that fact. Keep a simple signed statement confirming you're the voice owner, along with your original training recordings. This protects you if anyone ever questions the authenticity.

This is incredibly helpful. So to summarize my understanding:

• Cloning my own voice = legal
• Commercial use on ElevenLabs paid plan = allowed per their TOS
• Keep documentation proving the voice is mine
• Probably should disclose to sponsors that ads use AI voice

One more question - what about if I want to license the voice clone to other shows in my network? Like if another podcast host wants to use MY cloned voice for their ads because sponsors like my voice. Any issues there?

@PodcastPro_Marcus that gets into interesting territory. If you're licensing your voice (even the AI clone) to third parties, you're essentially creating a voice talent licensing arrangement.

Things to consider for licensing your cloned voice:

• You can absolutely do this - your voice, your rights to license it
• Create a proper licensing agreement specifying permitted uses
• Consider whether you want approval rights over the actual content
• Make sure licensees aren't creating content that could damage your reputation
• Check ElevenLabs TOS on sublicensing - some plans have restrictions

Traditional voice actors license their work all the time. AI cloning just makes it more scalable. But that scalability means you need to think carefully about where your voice appears. You don't want your cloned voice showing up in ads for products you wouldn't personally endorse.

I'd suggest working with an entertainment attorney to draft a standard licensing template if you're going to do this regularly. Protects both you and the licensees.

Late to this thread but wanted to add some important updates on the regulatory landscape since voice cloning legal is a hot topic right now:

2025-2026 Regulatory Developments:

• FTC enforcement: The FTC has started taking action against deceptive uses of AI voice cloning in advertising. Make sure any AI-generated content is clearly identified as such
• State legislation: Besides CA, NY, and TN, at least 12 other states introduced voice cloning bills in 2025. Some passed, others pending
• NO AI FRAUD Act (federal): Still in committee but would create federal standards for voice cloning consent
• Platform policies: YouTube, TikTok, and Meta all updated policies requiring disclosure of synthetic voices

Best practices for commercial voice cloning in 2026:

1. Only clone voices you have clear rights to
2. Document consent thoroughly
3. Disclose AI involvement to business partners and platforms
4. Monitor where your voice content appears
5. Stay updated on changing laws - this area is evolving fast

For legitimate use cases like @PodcastPro_Marcus's - using your own voice commercially through proper channels - the legal risk is minimal. Just stay transparent and document everything.