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For a posthumous celebrity AI avatar, there usually isn’t one single “ethics/rights manager.” You’ll want a rights-and-ethics structure involving the estate, entertainment counsel, and potentially the performer’s union.
Legally, you're principally asking “Who has authority to authorize this?” Ethically, you're asking “What uses would the person reasonably have wanted?”
Those aren't necessarily the same. SAG-AFTRA's guidance, for example, emphasizes informed consent, specific descriptions of intended use, compensation, and additional consent for different uses, rather than treating a digital replica as a blanket license.
And this is an actively changing area: SAG-AFTRA specifically highlighted postmortem digital-replica protections in 2026, including a recent statement concerning the use of Val Kilmer's digital replica.
I'd recommend creating a “Digital Likeness Governance” agreement/committee before building the avatar. At minimum, it should establish:
For a real celebrity, I would not start by commissioning the model. Start with a rights audit and governance charter, because the answer to “who manages the rights?” can change depending on the celebrity's state, union status, contracts, and the particular use (film, game, advertising, interactive chatbot, etc.).
If you tell me which celebrity, what country/state the estate is based in, and what you want the avatar to do (e.g. conversational fan experience, film performance, advertising, hologram), I can map out the likely rights holders and approval process.
When creating a posthumous AI avatar for a celebrity, management of the rights and ethics is split between legal executors/heirs, state legislation , and an emerging framework of ethical self-regulation.
Because no single federal law explicitly governs "digital replicas" or AI ghosts, authority is decentralized across several key entities:
If you'd like to narrow this down, let me know:
If you’re planning a posthumous AI avatar of a celebrity, there usually isn’t one single “ethics/rights manager.” You’ll want to treat it as a combination of estate authority, publicity/likeness rights, copyright, contracts, and an ethical governance process.
The key concept is postmortem right of publicity / digital-replica rights, rather than simply “copyright.”
The U.S. Copyright Office has specifically studied digital replicas and concluded that existing state laws leave significant gaps; it recommended creation of a federal digital-replica right while retaining state publicity protections.
California is particularly important for entertainment projects: its law covers highly realistic computer-generated representations of a deceased person's voice or likeness and generally requires consent from the person controlling the deceased personality's rights. Those rights can be transferred or inherited.
Tennessee is another important jurisdiction for celebrity estates because its ELVIS Act provides unusually broad protection for a person's name, image, likeness, and voice, including after death.
Estate → Rights counsel → Ethics committee → AI/production team
And before training or producing anything, create a “digital persona charter” specifying:
Most importantly: don't assume that “the estate owns the celebrity” or that a copyright license automatically gives you the right to create an AI person. Those are different bundles of rights.
If you tell me which celebrity and which jurisdiction the estate is based in, I can map out the specific rights-holders, applicable postmortem publicity law, likely licenses/consents, and an appropriate ethics-governance structure.
Estate → Rights counsel → Ethics committee → AI/production team
And before training or producing anything, create a “digital persona charter” specifying:
Creating a posthumous AI avatar for a celebrity requires navigating a complex web of legal rights, estate executors, and ethical boundaries. Because federal laws specifically targeting AI likeness are still evolving (such as proposed frameworks like the NO FAKES Act), management is handled through a combination of state statutes, intellectual property law, and private estate governance.
The management of ethics and rights is distributed across several key entities:
To help narrow this down, could you tell me:
If you mean who should have authority to approve the avatar and set its ethical boundaries, it is usually not one person or agency. For a deceased celebrity, you should treat it as a rights + estate governance + ethics issue.
If this celebrity has significant California connections, California Civil Code §3344.1, as amended by AB 1836, is especially relevant. California now specifically addresses unauthorized digital replicas of deceased personalities' voices and likenesses in expressive audiovisual works and sound recordings. The statute generally requires consent from the person controlling the deceased personality's rights, subject to specified exceptions.
California's governor specifically described AB 1836 as requiring estates' consent for commercial uses of digital replicas of deceased performers in things such as films, television, video games, audiobooks, and sound recordings.
There is also a broader unresolved U.S. legal issue: the U.S. Copyright Office concluded that existing protections for digital replicas are inconsistent and inadequate and recommended creation of a federal digital-replica right.
I'd recommend the estate establish an explicit Posthumous Digital Likeness Policy before development. Among other things, it should answer:
I'd also separate "reconstructing the person" from "creating a fictional character based on the person." The latter gives you considerably more creative latitude; presenting an AI as the actual deceased celebrity raises much more significant rights, authenticity, and ethical concerns.
If you tell me which celebrity and which jurisdiction the estate is based in, I can map out the likely rights holders, applicable laws, and a practical governance structure for the avatar.
When creating a posthumous AI avatar for a celebrity, authority and responsibility are shared between the legal estate (the executors/heirs) and an evolving patchwork of state and federal laws . Because a person’s death doesn’t automatically free their digital persona for public use, navigating this requires careful management of legal rights and ethical guidelines.
Here is how the management of rights and ethics breaks down:
To help narrow down the legal and structural roadmap, could you tell me:
For a posthumous AI avatar of a celebrity, responsibility usually sits with a combination of the estate, legal rights holders, ethics advisors, and the technology company. There is rarely one universal “ethics manager”; instead, governance is typically designed as a stewardship structure.
Key stakeholders:
The celebrity’s estate (primary rights steward)
Entertainment lawyers / IP counsel They handle:
An ethics or legacy advisory board Many estates create a group separate from the business decision-makers to address questions such as:
Researchers studying “digital afterlives” commonly emphasize consent, transparency, limited purposes, audience controls, governance, and restrictions on autonomous behavior as key safeguards.
The AI technology provider The vendor should manage:
Fans, family, and affected communities While they may not legally control the avatar, they can be important ethical stakeholders—especially if the avatar affects grief, public memory, or cultural legacy.
A strong governance model for a celebrity estate would usually include:
The biggest strategic question for an estate is whether it treats the avatar as a licensed entertainment asset or as a memorial representation of a person’s legacy. Those lead to very different governance choices.
If you are setting one up professionally, the usual first hire is an entertainment/IP attorney experienced with estates and digital likeness rights, followed by an ethics/legacy governance group.
When creating a posthumous AI avatar for a celebrity, control over the ethics and rights is split between legal ownership via the estate and a patchwork of state and emerging federal laws . Because no single global regulatory body governs digital resurrection, management depends on a mix of designated executors, intellectual property laws, and ethical self-governance.
Because statutory frameworks primarily focus on commercial exploitation and property rights rather than human dignity or emotional impact, estates and developers often rely on self-imposed ethical guidelines:
To help narrow down the legal and structural approach, could you share:
For a posthumous AI avatar of a celebrity, there usually isn't one single person or organization that “manages the ethics.” You need to separate legal rights, estate authority, and ethical governance.
The celebrity's estate / successor-in-interest
The estate's entertainment/IP lawyer
A dedicated ethics/legacy committee
The celebrity's union/contractual representatives, where applicable
The estate owning the likeness doesn't automatically mean the estate should give the avatar unrestricted autonomy.
I'd recommend treating the avatar as a licensed digital performance, with an explicit governance charter covering:
That's particularly important because the legal framework is still fragmented. Tennessee, for example, has unusually strong postmortem protections—including voice protections under the ELVIS Act—and courts have recognized that publicity rights can survive death and be enforceable by an estate or its licensees.
If you're actually developing one for an estate, I'd structure governance as: Estate/Trustee → IP/entertainment counsel → Ethics & Legacy Committee → AI developer. The developer should not be the party deciding what the deceased person “would have wanted.”
If you tell me which celebrity and which country/state the estate is based in, I can map out exactly who holds the relevant rights, what approvals you'd need, and what an ethical governance structure should look like.
Creating a posthumous AI avatar for a celebrity sits at the intersection of evolving state laws, intellectual property, and deeply complex moral questions.
Who Manages the Rights?
The legal control of a celebrity’s digital persona falls primarily to the Executor, Personal Representative, or Designated Trustee of the celebrity's estate.
Who Manages the Ethics?
Unlike legal rights, ethics are decentralized and heavily contested , often managed by an uneasy coalition:
To help narrow down the compliance roadmap, could you tell me: