Can actors legally forbid IP holders to use their likeness using CGI after their death?

nkarafo

Member
This wouldn't cross anyone's mind until recently. A person would just go in peace knowing they can't be "used" anymore for someone else's gain. But maybe now it's the time for them to start thinking about legally protecting their name and likeness from being abused without their control and consent? Because very soon AI will be so good, you won't be able to tell any difference. I mean, already you can barely see it with some random AI videos.

I know IP holders own the characters of their movies but not the actual actors. Disney may own Indiana Jones but they don't own Harrison Ford (as an example). So could Harrison make some kind of will that can prevent anyone from using him after his death?

Is this legal/possible?

And yeah, it's not only actors. Other artists could probably be protected from this as well, i'm using actors because their likeness is their biggest selling point after they become popular and they have been the first who got exploited from this after their death. Singers should also be able to protect their voice (but not their songs). And comic artist should be able to protect their drawing style/technique that makes them stand out (but not their stories or characters).

Their families should be able to use/sell their work but not their actual likeness/voice/style or anything that would normally need them to be alive in order to continue existing.

Also, IMO, everyone should still be able to use someone's drawing style or mimic their likeness/voice as a fan project, but only as long as it's not monetized and there's also a disclaimer making it clear the original person had no creative say in those projects.
 
James Earl Jones sold his likeness for digital reproduction then SAG-AFTRA tired to sue epic because they didn't negotiate the use for fortnite.

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So apparently...EVERYBODY wants to get paid when you die. Maybe a written will is the way to go but how does that hold up in terms of residuals? Seems like it would be very complicated.
 
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I believe there are likeness rights (including posthumous) included in many contracts that are signed. I would imagine AI reproduction falls under that. The tools differ, but it seems like the same legal concept as paintings/photoshop/human-designed CGI.

So to answer OP's question, I believe that, yes, you could both forbid and allow it. And I assume that if it is not expressly permitted, then it would be default forbidden, but I don't know for sure.
 
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I mean - unless you are an incredibly moral person I don't see how you can say no to money to make sure your descendants are better off.
Did you mean immoral?

I'd have to agree with you that it would help your estate. I guess my question would be how long does this last? Do people get the money forever?
 
didn't I read Paul Walker's character in the Fast & Furious movies will be appearing again in the next movie? that they're using his brother and CGI to allow him to appear in the series one last time or something? that's kinda in this territory too, right?
 
It's not like the actors would care anymore, because they are kinda dead 🤷‍♂️
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In places where such laws exist your likeness would become the property of your estate, if you have one, and your estate or its beneficiaries would be able to decide how it is used.
 
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On that note though. Nothing that stops you from drawing portraits of dead people. This is ultimately only a step up from that.
 
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I imagine the studio can't use without permission considering what happened with Crispin Glover in BttF part 2 and Alien 3 with Michael Biehn.
 
On that note though. Nothing that stops you from drawing portraits of dead people. This is ultimately only a step up from that.
There ABSOLUTELY are laws that would prevent you from selling those drawings though. Folks have been selling the likeness of dead folks for years and years. I'm sure, like most everything, there is a point where it enters public domain, but you definitely can't SELL a Sherlock Holmes (some stories in PD) comic using Basil Rathbone, assuming he has an estate that cares to sue you. I think a lot of these things go through California as they obviously have a lot of 'pro-celebrity' legislation to use against folks doing what you are.

AI stuff is gonna dredge up a lot of these issues as folks look to get paid. And I suspect the courts will side with them since AI recycling will put people out of work and stifle innovation/creativity, so it's hard to defend.
 
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