The ‘Longlegs’ star previously criticized the Beatles' reported use of AI for John Lennon’s voice
AI legal expert addresses actors’ fears about AI scans being used without their consent
Rob Rosenberg, founder and principal of Telluride Legal Strategies, told Fox News Digital that, due to last year’s strikes, actors and performers are more protected from having their likenesses used without consent.
Nicolas Cage is doubling down on his fears about artificial intelligence.
In an interview with The New Yorker this week while promoting his new horror movie "Longlegs," Cage had to wrap up because he was scheduled to do "a scan" afterward.
"I have to slip out after this to go get a scan done for the show, and then also for the movie I’m doing after the show. Two scans in one day," he explained, likely referring to his upcoming "Spider-Man Noir" series.
However, the concept made him nervous.
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Nicolas Cage admitted having major misgivings about artificial intelligence. (Amy Sussman/GA/The Hollywood Reporter via Getty Images)
"Well, they have to put me in a computer and match my eye color and change — I don’t know. They’re just going to steal my body and do whatever they want with it via digital AI. … God, I hope not AI. I’m terrified of that. I’ve been very vocal about it," he said during the interview.
"And it makes me wonder, you know, where will the truth of the artists end up? Is it going to be replaced? Is it going to be transmogrified? Where’s the heartbeat going to be?
"I mean, what are you going to do with my body and my face when I’m dead? I don’t want you to do anything with it."
Rob Rosenberg, founder and principal of Telluride Legal Strategies, told Fox News Digital Cage doesn’t need to be as worried as he seems to be due to the actors strike last summer.
"I mean, what are you going to do with my body and my face when I’m dead? I don’t want you to do anything with it!" Cage said in his interview with The New Yorker. (Sameer Al-Doumy /AFP via Getty Images)
"The strike last year and the negotiations that were done by SAG-AFTRA, this was a huge topic in those negotiations," he said. "And the good news is that there were certain protections that came out of that that I think directly address these concerns being raised.
"There are provisions in there talking about digital replicas. You need to consent to digital replicas being made, and then they're presumably being made for a given project that someone is being hired on. And then once they’re created, if there’s an interest by a studio or producers to use that digital replica on other projects, they need to get your consent on use of that digital replica and, in most cases, you need to be compensated for that."
According to a summary of the new contract on SAG-AFTRA’s website, employers must obtain "clear and conspicuous" consent from performers before creating "digital replicas" of them for a project and pay them for the time they would have otherwise worked in person.
Cage has been vocal about his AI concerns in the past.
Cage has spoken out against AI in the past. (Leon Bennett/Getty Images for Neon)
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During an interview with The Associated Press for his film "Dream Scenario" in December, Cage was asked about signing away life rights, a plot point in the film.
"I’ve tried to be very careful with that," Cage said. "It’s something that I’ve asked my team about, and there really was no reference point. It’s still something, as we know, that's still being sorted through, but it scares the hell out of me. It really does."
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The Oscar winner criticized the use of celebrities’ likenesses after death by AI, calling the digital recreations "inhumane."
"Someone owns the rights to James Dean right now. They could put him in a Vietnam movie, which is what they’re trying to do. … To me, it’s inhumane, OK. It’s inhumane. It doesn’t get anymore inhumane than AI. People are going to lose jobs. And I’m sure he, from the beyond, would not be happy about it, you know?"
Cage criticized reports that James Dean's AI-generated likeness was being used in a film. (Getty Images)
Last year, the BBC reported that an AI version of Dean will appear in a film titled "Back to Eden." In 2019, The Hollywood Reporter reported that Magic City Films announced Dean would appear in a role in its film "Finding Jack."
At the time, Mark Rosesler, the attorney and business agent for the Hollywood star’s family, told Fox News, "James Dean was perhaps the greatest actor of all time and is admired by fans around the world. Despite his untimely death at the age of 24, technology allows us to continue to honor Jimmy’s legacy and inspiration to so many people.
"We have represented his family for 38 years, and they are confident that Jimmy’s rebellious and trailblazing personality is consistent with being the first to fearlessly embrace this new technology for Hollywood. They are excited to be part of keeping his memory alive."
The film ultimately fell through.
The reported 2019 film with an AI-generated Dean was approved by the family, but the project ultimately fell through. (Hulton Archive/Getty Images)
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Rosenberg said actors’ names and likenesses are protected by rights of publicity, which is an intellectual property right that protects the misappropriation of someone's likeness for commercial gain.
"Unfortunately, the rights of publicity are not governed nationally. They’re state by state. It’s not universal across all 50 states. Many states do have rights of publicity statutes. There are a smaller number of states that extend those rights after you die. These post-mortem rights of publicity protect your name and likeness after you die," he said.
"California is obviously one of those states where not only is there a right of publicity but a post-mortem right of publicity, and there’s even a registry for post-mortem rights of publicity where estates of famous people can register themselves on that registry so that producers know who to go to for permissions and consent."
California’s Secretary of State has custody of the registry, and the state’s rights of publicity law covers the deceased for 70 years after death.
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Rosenberg added, "There’s been a movement for years and years to try to create a national right of publicity statute, but it has just not caught traction yet. Obviously, other intellectual property protections, patent, copyright, trademark, are all governed on a national basis, but right of publicity is not one so far."
Nicolas Cage voiced his opinions after hearing AI would be used on a new Beatles record. (Getty Images)
In his interview with the AP, Cage also took aim at the announcement of the Beatles using AI for their final song.
"The idea of a new Beatles record coming out with John Lennon’s voice is going to be AI, I’m not happy about that. If you want to do that, use Julian. He’s a vocal twin for his father. I’m sure John would like that. Scares the hell out of me," the "Adaptation" star said.
Paul McCartney initially told BBC Radio 4’s "Today" show there was a new final song from the band in the works with the assistance of AI.
The Beatles' final song, "Now and Then," used AI to separate John Lennon's vocals from a demo made in the '70s. (Apple Corps Ltd)
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After some backlash from fans, McCartney clarified that Lennon’s vocals were original and not generated by a computer.
"We've seen some confusion and speculation about it," he said on X. "Can’t say too much at this stage but to be clear, nothing has been artificially or synthetically created. It’s all real and we all play on it. We cleaned up some existing recordings — a process which has gone on for years," he assured angry fans.
The song, "Now and Then," was released in November 2023, using vocals from Lennon as well as guitar performed by Harrison, recorded six years before his 2001 death.
Similar backlash occurred with the recent announcement of an AI-generated Marilyn Monroe chatbot, created by AI technology company Soul Machines.
An AI-generated chatbot of Marilyn Monroe debuted at SXSW this year. (Getty Images)
Soul Machines partnered with Authentic Brand Groups, which manages the rights to Monroe’s image and likeness.
"There is a moral question behind all of this that isn’t governed by statute," Rosenberg said. "Ideally, you’d hope that people would do the right thing, honor the legacy of our legends, but I think, unfortunately, some of these statutes, some of these protections, came about after some of these personalities have died. In some cases, there may be some retroactive protection, but not typically the case, [but] they will be protect[ed] going forward.
"I would say Nicolas Cage is probably in good shape. I think as long as he chooses who will inherit his rights of publicity after he’s gone and that they understand his wishes. He’s probably much more protected than Marilyn Monroe or James Dean if people are unhappy with the way those are being exploited right now."
