In Mercedes’ view, the current use is ethical because Val agreed to it when he was alive and because it is working to create a structure for more actors and estates to license images in this way. “It started off as a way to overcome the limitations of his illness, but then it evolved into something that he really was like, ‘Oh, wait. I have a chance to actually set a precedent,'” the younger Kilmer says on Today, meaning “set a precedent” in a good way. Kilmer does address the “absolutely valid” concern that the technology will be most harmful to younger artists precariously trying to break into the industry. “I’m a musician and a lot of people that I know are so scared of this technology,” she says. But she’s also the daughter of a very famous actor, and based on conversations she’s had with other people who are established in the industry, some people “see it as a way to protect that actors’ ownership of their IP.”
“We have to contend with this technology one way or the other. And avoiding it, it’s not necessarily the way,” she continues, implying that As Deep As The Grave is an appropriate way to contend with this technology. “It’s much easier to structure the rights if you proactively license something.” Mercedes says it’s not something her family would consider doing again, but also says there may be other exceptions down the road. “I wouldn’t just put his likeness in something without his permission, necessarily,” she says. “There are certain things that he talked about, ways to use it, that we may do eventually. There may be video games based on characters that he made. Now we know that we’re protected… my family can protect the use of that.”
Keep scrolling for more great stories.