In this very interesting and entertaining article, the author, Ben Laney, discusses the fascinating science and legal issues regarding “bringing the dead back to life.” The author isn’t referring to zombies, Frankenstein or any type of macabre mad science. Instead, he’s referring to advanced technology, which can bring deceased actors such as James Dean, Tupac Shakur, Audrey Hepburn and Bruce Lee, to name a few, back to life in movies and commercials through computer-generated imagery (CGI).
Modern technology has allowed recreating deceased individuals in their former selves to play new roles on the silver screen. This begs many questions, including who owns the legal rights both to the deceased actors, as well as to the characters they played. Additional issues include how these rights can be protected by the actors and their estates and for how long. Numerous legal issues exist under still sparse federal and state laws in this new and evolving area, and there’s much gray and a lot to think about for actors to better protect their likenesses.
Some actors, such as Robin Williams, have or had specific provisions in their estate-planning documents dealing with their persona after their passing. In Williams’ case, he forbade the use of his likeness for 25 years following his passing to avoid misappropriation. Other performers, perhaps, aren’t aware of all the legal issues surrounding the commercial uses of their images as well as the possible protections of these images after death, but they should be. Even those who are aware, and who may want effectively to deal with these issues, might be disappointed to learn there are currently only limited protections and statutes under state and federal law.
This thought-provoking article not only delves into the legal issues and uncertainties but also the science behind CGI. Additionally, the article provides many examples of famous deceased actors, as well as some living ones, who had controversial issues come up in this complex legal area. The author also advocates the enactment of further laws and protections in this fledgling and ambiguous area of the law, though his main focus is how to protect likeness and image under current law.
I found the article a very interesting and applicable read not only for actors and their legal advisors but also for all individuals who have likenesses or any other post-life data and imagery that one day may be valuable and useful to both their heirs and the general public. This article will help practitioners better learn, understand and contemplate the legal issues regarding post-mortem imagery, data and likeness. Many estate planners may also need to advise their clients regarding the necessary steps and provisions to include in legal documents to effectively deal with these often controversial issues. Therefore, both as a truly fascinating read and because of the guidance and helpful information in the article as it relates to a new area of the law that’s important to consider even if we aren’t representing celebrities, I encourage estate planners to read this article. In fact, current law students and younger lawyers will undoubtedly deal with these and similar issues more and more as technology continues to evolve at a rapid and unprecedented rate, and the law struggles to keep pace.