Technology now exists which will allow computer artists to digitally replicate living actors and digitally resurrect deceased actors. California's right of publicity statute, California Civil Code section 3344, arguably protects a living actor from replication in a commercial or film without his consent. Although California's post mortem right of publicity statute, California Civil Code section 990, prohibits the use of a digitally resurrected actor in an advertisement without the permission of the actor's estate, section 990 is inadequate to protect a deceased actor from unauthorized use in a film. Because unauthorized digital resurrection presents an opportunity for abuse, the author proposes that the California legislature amend section 990 to provide the right of publicity for deceased actors who are digitally resurrected in film.
Avoiding the Tragedy of Frankenstein: The Application of the Right of Publicity to the Use of Digitally Reproduced Actors in Film,
48 Hastings L.J. 601
Available at: https://repository.uchastings.edu/hastings_law_journal/vol48/iss3/4