There are uses of AI that are proving to be more than black and white. While voice actors, have protested their performances being fed into AI against their will, we are now seeing an example of this being done, with permission, in a very unique case.
Here’s a bigger challenge for you: Should Humphrey Bogart’s voice, likeness and mannerisms be public domain or controlled by his kin as part of his legacy? Do we have to wait as long as Disney forces us to for other IP materials?
That is a trickier question. My gut feeling is that while it makes sense for a person’s likeness to enter the public domain after they die, it feels a bit morbid and disrespectful for it to become possible to start running AI generated ads of a celebrity the day that they die. I hate how long copyright lasts now, but I feel like there should be at least some period after someone dies before their likeness enters the public domain. I don’t know how long that should be, but definitely shorter than copyright currently is (which should also be much shorter).
My other concern is that if studios can freely recreate dead celebrities then new talent won’t get a chance to make a name for themselves. Hollywood would much rather milk existing celebrities for every cent possible with AI (which is part of the reason for the SAG/AFTRA strike I guess). I don’t have an answer for this right now.