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Did he just now realize that he signed away the rights to his digital likeness many years ago?
If he did, he likely did that before it was possible to create photorealistic digital clones. Then it's an interesting question about how US contract law works: are you able to agree on something that is not possible at the time of signing?
Surely, if the contract would contain some explicit clause about that. But if it just said some like "we can do anything we want with the video material", then it's probably less clear.
there’s no way this was not accounted for by his agent or whoever negotiated for him. You can’t even use a photograph of an actor in a movie without negotiating an “image and likeness” agreement.
For example, Crispin Glover sued and got a settlement because they used his likeness in BTtF2 and 3 by making George Mcfly’s new actor look like Glover with makeup and prosthetics. CGI and AI don’t change that at all.
Interesting point.
Michael Jackson sold his digital likeness when it was only possible with the most advanced computer imagery hardware. Majel Barrett recorded her voice to be synthesized and then died before it was actually possible to do so convincingly.
I think there’s a lot of cases like this that are too vague and written before the technology was fully understood to clearly indicate legal rights and will have to be renegotiated.
I’m pretty sure it’s closer to your second paragraph there, also “within the known universe”.
(meaning our universe, not a cinematic universe)