Nearly seven decades after he died, James Dean “has been cast as the star in a new, upcoming movie,” reports the BBC:

A digital clone of the actor — created using artificial intelligence technology similar to that used to generate deepfakes — will walk, talk and interact on screen with other actors in the film…

This is the second time Dean’s digital clone has been lined up for a film. In 2019, it was announced he would be resurrected in CGI for a film called Finding Jack, but it was later cancelled. Travis Cloyd, chief executive of immersive media agency WorldwideXR (WXR), confirmed to BBC, however, that Dean will instead star in Back to Eden, a science fiction film in which “an out of this world visit to find truth leads to a journey across America with the legend James Dean”. The digital cloning of Dean also represents a significant shift in what is possible. Not only will his AI avatar be able to play a flat-screen role in Back to Eden and a series of subsequent films, but also to engage with audiences in interactive platforms including augmented reality, virtual reality and gaming.

The technology goes far beyond passive digital reconstruction or deepfake technology that overlays one person’s face over someone else’s body. It raises the prospect of actors — or anyone else for that matter — achieving a kind of immortality that would have been otherwise impossible, with careers that go on long after their lives have ended. But it also raises some uncomfortable questions. Who owns the rights to someone’s face, voice and persona after they die? What control can they have over the direction of their career after death — could an actor who made their name starring in gritty dramas suddenly be made to appear in a goofball comedy or even pornography? What if they could be used for gratuitous brand promotions in adverts…? Dean’s image is one of hundreds represented by WRX and its sister licensing company CMG Worldwide — including Amelia Earhart, Bettie Page, Malcolm X and Rosa Parks…

Voice actors, in particular, have been leading the conversation and working across acting guilds to form a unified front in protecting the rights and careers of actors… Cloyd acknowledges the potential for fewer acting opportunities but offers a “glass-half-full” perspective toward employing dead actors. “At the end of the day, it creates lots of jobs,” he says, referring to the other technical and film industry jobs the technology could generate. “So even though it could be jeopardising one person’s role or job, at the same time, it’s creating hundreds of jobs in regards to what it takes to do this at a high level.”

If the dead — or rather, their digital clones — are damned to an eternity of work, who benefits financially? And do the dead have any rights? Simply put, the rules are murky and, in some regions of the world, non-existent.

In June Rolling Stone published this advice from Samuel L. Jackson. “Future actors should do what I always do when I get a contract and it has the words ‘in perpetuity’ and ‘known and unknown’ on it: I cross that shit out. It’s my way of saying, ‘No, I do not approve of this.'”