Research
Bringing the Dead Back to Life: Preparing the Estate for a Post-Mortem Acting Role
Abstract:
Computer generated imagery (CGI) now has the ability to accurately recreate deceased actors and actresses for movie roles long after their death. This student comment examines how the right to publicity gives an actor the ability to protect their postmortem persona rights beyond their death using estate planning techniques.
My work is published in the Estate Planning and Community Property Law Journal, Volume XII, Book 2 and in the REPTL Reporter Vol. 58, No. 4.
Illustration © 2020, Amy Self.
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The Model Likeness Protection Strategy
How to prevent digital resurrection:
This is the main crux of my research, the practical formula that I have created.
In order to prevent a likeness from being recreated after the death of a client, there are three requirements that must be met:
- the client must be subject to the laws of a state that recognizes post-mortem right to publicity,
- the client must create a corporation that they can then transfer the right to, and
- the client must write in their trust or will a granting clause with instructions that gives the corporation the post-mortem right to publicity.
Using this method, I hypothesize that it is possible to prevent the use of a CGI double for the entire statutory period allowed under state law. For more context, please refer to my paper.
