I understand that computer technology-memory advancements, MPEG software and solid modeling has advanced to the point that we will shortly be able to resurrect long-dead actors and actresses of the past. Think of a new movie starring Humphrey Bogart, for example-a digital version of his face and voice could be patched onto a living actor’s image. This raises all kinds of interesting possibilities-could we have Bogart starring with Madonna in a new action/film noir movie? Would Bogart’s estate get paid for this-or do the dead’s personas belong in the public domain? I’d love to see some new movies starring actors from the 1930’s-will this be held up by the legal wrangling over ownership rights as I described?
You mean we could have more Thelma Todd/Zasu Pitts comedies???
Be still, my heart!
Who got the money in Dead Men Don’t Wear Plaid? It was a different situation, with old clips being used, but it could be a starting point to explore.
Tom~
Wow. That’s quite a question. Let’s see.
When a person dies, his music or writings will often become public domain. I.E., I just downloaded some Sherlock Holmes stories for my Handspring Visor (a type of Palm device) royalty free. However, a person’s family (read: estate) does have a right to claim some of that cash. Music and writings are active works. But a face? A voice? It would seem to me that anybody could use that. You can copyright art, but can you copyright your dead father’s face? I really doubt it, because you did nothing to create that face. I don’t think any court would grant the Bogart estate rights to Humphrey’s face. I don’t think that they could.
Breck:
Id check that out first with Bela Lugosi, Junior, if I were you.
The bouncing baby boy of Hollywood’s original morphine-shootin’ bat-man is the top lawyer in Los Angeles for the estates of deceased movie stars.
So if Victoria’s Secret starts using photos of Franklin Pangborn to sell lavender silk drawers, they should expect to get one very nasty phone call from Bela Junior on behalf of Frankie the Third.
They actually had a few movies…here’s one: http://us.imdb.com/Title?0076104
“The Grateful Dead Movie”
Up the Irons!
Actually, that’s not quite true. At least in the U.S. (and yes, I know that would exclude Doyle), copyrights can extend beyond the author’s lifetime. In fact, IIRC, anything copyrighted in the U.S. after 1978 will still be under copyright until 75 years after the author’s death. So, if you want to be able to use Stephen King’s works royalty-free, you’ve got a long way ahead of you.
As for faces and stuff, again, IIRC, that would be covered under trademark law, not copyright. Unfortunately, I don’t know how long you can register something as a trademark, but I would imagine it must be a long time.
Zev Steinhardt
Zev Steinhardt
I don’t know what U.S. law says, but I imagine that a reasonable compromise would be that you would have to wait the same amount of time (after a person’s death) to use the person’s image than you would have to wait for a copyright to expire. I believe these numbers are right:
50 years after the death of
the (last surviving) author.
For anonymous works (or works made for hire), copyright would last for 75 years from publication or 100 years from creation, whichever is shorter.
Of course, it might be distasteful to see Alfred Lunt pitching hubcaps or Gloria Swanson pushing maxi-pads, but nowadays there’s nothing to prevent me from using a historical figure (like Abraham Lincoln) in an advertisement.
Well, I said the same thing as Zev, but I believe my prose is more lively. 
Doesn’t anyone remember Fred Astaire hawking vacuum cleaners on TV a couple of years back? Or Jimmy Cagney (as well as a host of others) appearing in a Coke (or maybe Diet Coke commercial? Actually I think Jimmy was still alive when that was released. But I think Bogie was in that one, too.
I’m pretty sure the estates of these persons are negotiated with by scrupulous (or at least careful) producers.
Actually, speaking specifically of Bogey, i can clearly remember an episode of Tales From the Crypt, in which the entire show was filmed from the point of view of the main character (a very Bogey kinda guy). They made a point of placing the guy in front of a mirror whenever possible and sure enough, Bogart. Not sure the legalities of it all, but the effect was kinda cool, his mouth moved to the voice over and everything. Mind you the voice was pretty lame, oh well, you can’t have everything when you ressurect the dead.
“If you can’t answer a man’s argument, all is not lost; you can still call him vile names.” - Elbert Hubbard.
Almost any actor will have the right to limit who can use his ‘likeness’. I’m not sure if it’s covered under trademark or copyright, but it IS covered. There have been cases where someone was sued for using a likeness without permission.
If that weren’t the case, you’d see computer-generated versions of Tom Cruise, Marilyn Monroe, etc. ad nauseum selling everything under the sun.
When the Fred Astaire commercial was produced, the producers did acquire the rights from Astaire’s estate.
As for copyrights, they do indeed extend for 75 years past the death of the creator. The rights would be held by the estate or whomever purchased those rights from the legal owner.
I heard about Bela Lugosi Jr.-indeed he did hegotiate residual rights for the heirs of deceased movie stars-think of the money the “Three Stooges” made for Columbia, long after their deaths. But what happens when a simulacrum of a dead person “acts” in a new movie? Seems like a whole different situation to me. Also, what’s the law on look-alikes acting under the name-I’m sure there are plenty of “B”-grade actors that llok like Bogie running around.
In English law, you have no copyright over your own image, neither does your estate. This was established in a recent case brought by the estate of Diana o’ Wales against companies manufacturing tacky Diana souvenirs (redundancy, I know). So if I take a picture of you, I own the copyright, not you.
Having seen some Pauly Shore movies ; I would say that the dead ought to be able to appear in films (if they aren’t already), 'cause they could only be an improvement! 
It matters not whether you win or lose; what matters is whether I win or lose.
You obviously haven’t seen any Chevy Chase movies…
Hey, if we can digitally resurrect John Candy, why not?
I sold my soul to Satan for a dollar. I got it in the mail.
I’m not knowledgable enought to discuss the legality of it, but I am of the strong opinion that actors, dead or alive, should not be in a movie that they themselves did not give permission to be in. Which of course means “never” in the case of the dead.
I don’t even believe that the estate should be able to give permission. There are plenty of people in my family who’s opinions I don’t value.
And suppose the next of kin is simply nuts? Maybe John Wayne The Fourth (or whoever) says “Sure, I think Great-grandpa Marion would like to be in a gay porn movie. ‘Rooster Cock-Burn’ sounds like something he would be proud of!”
If the actor actually states in his/her will that the estate can use his/her image as they see fit, then go for it. If there is no mention, then they should assume they can’t.