ethical implications of resurrecting dead actors for new roles

[motomania2007]

I don't recall the precise point of law but it goes something like this:

A person's likeness cannot be used for profit by a third party, even if that person is deceased. His/her likeness remains the property right of their estate.

Thus, Robin Williams and Peter Cushings and Tupak's likenesses cannot be used without permission and probably compensation to their respective estates.

As was said before, there is a demand for replacing actors with "rendered players" and the demand is just like replacing minimum wage workers with kiosks at fast food restaurants... but at the other end of the scale.

I hope that Robert Downey Jr.'s contract was clear about Iron Man or he will be cut down to very little in future Iron Man movies... same goes with many big name actors

 

[CABilly]

Andy Serkis is gonna rake it in if this trend picks up :laughing

http://www.clickhole.com/article/7-coolest-creatures-brought-life-andy-serkis-503

But in a serious note, I don't agree with it from a consumer standpoint. The things that make most great actors great died with them. No matter how good or real it looks, the end product will only be the director/producers' imitation. We'd be cheated of the nuance and personal touches they'd provide.

Also, who knows if that actor would even take the roll? I'm sure the estates would love the money, but they're speaking for a dead person.

 

[Lazerus]

Good topic since there have been so many lately. Paul Walker, Philip Hoffman, now probably Carrie Fisher.

I guess the best answer is already here, leave it to the estate. I think it's bad taste, personally. It cheapens the absence of the person to "cheat" them into a story for profit.

 

[mean dad]

Any different than if an actor dies just prior to a flick being released.
That's already happened a couple of times.

Except they've been paid for their role, and if they die their estate will receive all future earnings from that role.

Not in this new proposed scenario, unless proactive steps are taken..

 

[bruceflinch]

I don't care.

 

[postcholo]

i think it'd be pretty cool if they did a weekend at bernies thing in the next star wars with carrie fisher :cool

 

[Entoptic]

i think it'd be pretty cool if they did a weekend at bernies thing in the next star wars with carrie fisher :cool

A weekend at Carries would just have Hans in a smoking jacket and no pants on.

 

[yodaisgod]

There's also this:
https://en.wikipedia.org/wiki/California_Celebrities_Rights_Act

For the lazy...

Astaire Celebrity Image Protection Act, grants statutory post mortem rights to the estate of a "deceased personality", where:

that personality had been "any natural person whose name, voice, signature, photograph, or likeness has commercial value at the time of his or her death",[5]

any person using such personality's "name, voice, signature, photograph or likeness on or in products, merchandise or goods" without prior consent was liable to be sued for damages and profits arising from the unauthorized use,[6] and

such prior consent may only be given by persons to whom the personality had transferred such power by contract or trust prior to his death, or by trust or will after his death, or, where no such latter provision was made, his spouse, children, and/or grandchildren,[7] but

"a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, single and original work of art, work of political or newsworthy value, or an advertisement or commercial announcement for any of these works, shall not be considered a product, article of merchandise, good, or service if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work."[8]

In 1999, the period of protection was extended from fifty years after a person's death to seventy years.[9] Similar laws have been enacted by 12 other states in the United States.[10]

 

[Kurosaki]

Good topic since there have been so many lately. Paul Walker, Philip Hoffman, now probably Carrie Fisher.

I guess the best answer is already here, leave it to the estate. I think it's bad taste, personally. It cheapens the absence of the person to "cheat" them into a story for profit.

I give Paul Walker's likeness an easy pass from this conversation as he was already in many filmed scenes in the movie before he died.

As for the others, if the estate/family don't mind, then I don't care to think about it on a moral level.

 

[Eldritch]

Not if the executors of the deceased actors' estates have anything to say about it!

I'm sure all copyright protection will be observed.

 

[motomania2007]

I'm sure all copyright protection will be observed.

Copyright protection?

Copyright applies to creative works expressed in a tangible medium.

Copyright does not protect a person's image. It is a different legal protection regarding use of that person's image.

 

[enki]

If they are gonna do it, bring back Lee Fucking Marvin or GTFO.

 

[greener]

Topic reminds me of this movie, Looker. The bad guys digitize the images of models, then the models die mysteriously. Pretty good sci-fi movie from '81. Much better than the trailer makes it out to be.

youtu.be/yoT-r1slAZ4

 

[Eldritch]

Copyright protection?

Copyright applies to creative works expressed in a tangible medium.

Copyright does not protect a person's image. It is a different legal protection regarding use of that person's image.

You're being a child with semantics. If you are legally savvy enough to understand the nuances of copyright and, "right to publicity," laws you understand the intent.

 

[Cyclesuzy]

Ed Wood did it before it was cool.

His chiropractor standing in for Bela Legosi is a classic. :laughing

 

[nbean16]

Dont like it. Should be banned.

 

[Cycle61]

Dont like it. Should be banned.

Small government. Free market. Vote with your wallet.

 

[Eldritch]

Dont like it. Should be banned.

Why?

 

[SuperMike]

Shit. I saw it and didn't even realize Tarkin was a fake person. I thought they found a Peter Cushing lookalike. They fooled me, dammit!

 

[nbean16]

Why?

Because acting is a skill that a computer cannot emulate. The actor will now be doing roles he never agreed to. As an actor I wouldnt want my family determining my legacy and the art I create after Im dead. I wouldnt want a computer immitating john Lennons voice and making new albums by the beatles either. If an actor dies, enjoy the movies he made. Theres enough actors they can create new roles. It isnt bad enough we re-hash every movie, now we have to re-hash actors? Lame.