The recent DC superhero movie The Flash raises ethical questions that go way beyond Ezra Miller. The plot of the film involves time travel, and the complications include creating alternate timelines. The result is the appearance of multiple versions of superheroes as they appeared in different media, sometimes portrayed by actors who are long dead with the help of CGI and artificial intelligence. But would those actors have approved of the use of their personal images in this way? Not only does this bring up the sticky issue of dead people having rights, it also foreshadows one of the issues of the writers and actors strikes. Will prior work of living artists be harnessed to create new movies? Would those artists be owed any input or compensation? The moral of the story in The Flash is the inadvisability of messing with the past, but the producers did just that in making the movie they way they did. (via Digg)
The boneheads at DC have certainly justified the current SAG-AFTRA strike with regard to residuals. As for image use, LucasFilm got permission from Peter Cushing's estate to use his likeness in Rogue One so there's fair precedent. Perhaps the living actors in The Flash had something in their contracts regarding future likeness use. Still, appears DC still went fast and loose with this.
ReplyDeleteThe California Legislature passed a law in 1984 establishing the postmortem right of publicity for actors and it applies for up to 70 years after death. But it only applies to those who die in California. Peter Cushing didn't so kudos again to Lucas.
Rogue One and The Flash each set a precedent in their own way. With all that's going on, I wouldn't be surprised to see Congress getting involved in an attempt to set things straight.
gwdMaine wrote: "I wouldn't be surprised to see Congress getting involved in an attempt to set things straight."
ReplyDeleteAs if those guys can get ANYTHING straight...
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