"The use of digital re-creations of dead celebrities isn't exactly a new issue-back in the '90s, we were collectively wrestling with John Lennon chatting to Forrest Gump and Fred Astaire dancing with a Dirt Devil vacuum. Back then, though, that kind of footage required painstaking digital editing and technology only easily accessible to major video production houses. Now, more convincing footage of deceased public figures can be generated by any Sora 2 user in minutes for just a few bucks."
"In the US, the right of publicity for deceased public figures is governed by various laws in at least 24 states. California's statute, which dates back to 1985, bars unauthorized post-mortem use of a public figure's likeness "for purposes of advertising or selling, or soliciting purchases of products, merchandise, goods, or services." But a 2001 California Supreme Court ruling explicitly allows those likenesses to be used for "transformative" purposes under the First Amendment."
"The New York version of the law, signed in 2022, contains specific language barring the unauthorized use of a "digital replicas" that are "so realistic that a reasonable observer would believe it is a performance by the individual being portrayed and no other individual" and in a manner "likely to deceive the public into thinking it was authorized by the person or persons." But video makers can get around this prohibition with a "conspicuous disclaimer" explicitly noting that the use is unauthorized."
Sora 2's cameo feature can generate realistic appearances of deceased public figures without their consent. OpenAI permits generation of historical figures. Advances in AI now allow convincing re-creations in minutes and at low cost, whereas similar footage in the 1990s required painstaking editing and major production resources. In the United States, rights of publicity for deceased public figures vary across states, with at least 24 states having relevant laws. California bars unauthorized post-mortem commercial uses but allows "transformative" uses under the First Amendment. New York's 2022 law prohibits unauthorized "digital replicas" that are deceptively realistic but allows use if a conspicuous disclaimer states the portrayal is unauthorized.
Read at Ars Technica
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