Rest in peace and in profit: Is the CGI… | Little White Lies

Rest in peace and in prof­it: Is the CGI res­ur­rec­tion trend here to stay?

21 Nov 2019

Words by Michaela Barton

Portrait of a young man with rugged, wind-swept hair and a pensive expression, smoking a cigarette.
Portrait of a young man with rugged, wind-swept hair and a pensive expression, smoking a cigarette.
James Dean’s recent cast­ing rais­es ques­tions over the ethics and legal­i­ty of dig­i­tal­ly exhum­ing dead celebrities.

In his 1915 nov­el Si Gira’, Ital­ian drama­tist Lui­gi Piran­del­lo wrote that, The film actor feels as if in exile – exiled not only from the stage but also from himself…The pro­jec­tor will play with his shad­ow before the public.”

Piran­del­lo was one of many skep­tics who ques­tioned technology’s abil­i­ty to present dra­mat­ic art at the same stan­dard of live the­atre. For all that cin­e­ma has evolved as an art­form, it could be argued that actors are still lim­it­ed in film, their per­for­ma­tive auton­o­my hin­dered by the restric­tive lens­es of cam­eras and manip­u­la­tion of edits. How­ev­er, depend­ing on their rela­tion­ship with the direc­tor, actors do still hold a cer­tain lev­el of author­i­ty over their per­for­mance – they are gen­er­al­ly free to inter­pret their char­ac­ter, con­ceive their own behav­iour­al tics and per­form their lines in ways only they could.

Pirandello’s cri­tique of what he saw as inor­gan­ic per­for­mances in film could be viewed sim­ply as resis­tance to change, a reac­tion that sur­faces with every new tech­no­log­i­cal inno­va­tion. Yet his con­cerns feel remark­ably apt in light of Hollywood’s cur­rent eth­i­cal and exis­ten­tial crisis.

Despite dying more than 60 years ago, James Dean’s career has tak­en a sur­pris­ing move. Direc­tors Anton Ernst and Tati Golykh are adapt­ing Gareth Crocker’s Viet­nam war nov­el, Find­ing Jack’, and appar­ent­ly regard Dean as the best actor for the job. Thanks to advances in com­put­er gen­er­at­ed imagery, visu­al effects and ani­ma­tion stu­dio Image Engine are able to recre­ate Dean from archive footage and gen­er­ate an entire­ly new per­for­mance for him. Although Dean won’t be lead­ing the film, he’s said to be play­ing a large and inte­gral part as one of the main cast.

The res­ur­rec­tion” of pop­u­lar dead fig­ures is cer­tain­ly not a new devel­op­ment. Pre­vi­ous­ly, the main tac­tic for achiev­ing this was lim­it­ed by archival mate­r­i­al, with liv­ing actors dig­i­tal­ly insert­ed into old footage to give the appear­ance of an inter­ac­tion that nev­er actu­al­ly occurred (for instance, Tom Han­ks meet­ing Pres­i­dent Kennedy in For­rest Gump). How­ev­er, it’s now pos­si­ble to cre­ate a new per­for­mance by dig­i­tal­ly insert­ing the face of one onto a body dou­ble (as was seen in Galaxy’s advert star­ring Audrey Hepburn).

Explain­ing the process that goes into cre­at­ing a dig­i­tal fac­sim­i­le, visu­al effects exec­u­tive pro­duc­er and gen­er­al man­ag­er of Image Engine, Shawn Walsh, says, There are sophis­ti­cat­ed dig­i­tal tech­niques that artists use in addi­tion to exten­sive data acqui­si­tion to then bring the dig­i­tal dou­ble to life.” Accord­ing to Walsh, cap­tur­ing someone’s essence is down to far more than just their appear­ance; artists must study archive footage of their sub­ject, look­ing at how they move, how they hold them­selves, how they emote. If suc­cess­ful,” says Walsh, the end result is that the view­er won’t know there is any visu­al effects involved at all.”

One of the first dig­i­tal posthu­mous act­ing cred­its to come from a major film stu­dio is Peter Cush­ing as Moff Tarkin in Rogue One, arriv­ing 22 years after his death in 1994. The pub­lic reac­tion to this deci­sion from Lucas­film were var­ied, with some ques­tion­ing the ethics of rean­i­mat­ing a deceased actor.

Obvi­ous­ly, gain­ing con­sent from a dead actor is impos­si­ble, and the idea of com­man­deer­ing their like­ness to star in a project they may have had no inter­est in feels a lit­tle dubi­ous. Dr Lisa Bode, a lec­tur­er in Film and TV Stud­ies at The Uni­ver­si­ty of Queens­land, has stud­ied the ethics of res­ur­rect­ing” actors exten­sive­ly. Com­par­ing Dean’s role in Find­ing Jack with Cushing’s in Rogue One, Bode tells LWLies, There is a huge dif­fer­ence between using the tech­nol­o­gy to bring an actor’s final work to the screen, and res­ur­rect­ing their image for a new role. We can safe­ly assume that the actor would have want­ed their final work seen.”

How­ev­er, in the case of an entire­ly new role for an actor who can­not show inter­est in par­tic­i­pat­ing, this is where nov­el­ty turns sin­is­ter. As things stand, the legal­i­ty of acquir­ing the rights to a dead actor’s image is grant­ed through their estate or trust; or the time being, stu­dios need only seek per­mis­sion from an actor’s liv­ing rel­a­tives. CMG World­wide, an agency that spe­cialis­es in rep­re­sent­ing dead celebri­ties are the ones respon­si­ble for sell­ing Dean’s image rights for Find­ing Jack. When dis­cussing their recent busi­ness deci­sion with The Hol­ly­wood Reporter, CEO Mark Roesler said, This opens up a whole new oppor­tu­ni­ty for many of our clients who are no longer with us.”

With the poten­tial for these cast­ing deci­sions to become more com­mon, the ques­tion now is how enter­tain­ment and trust laws will change to cov­er these dis­putes. Already some actors are hav­ing to con­sid­er the use of their iden­ti­ty after death, with Robin Williams writ­ing a clause into his will ban­ning the use of his voice and image in adver­tis­ing and any future films for the next 25 years. Although it has been sug­gest­ed that this trans­fer­ence of Williams’ iden­ti­ty rights over to the non-prof­it Wind­fall Foun­da­tion was sim­ply to avoid fur­ther tax­es from pub­lic­i­ty, this legal deci­sion still pro­tects Williams’ image from being res­ur­rect­ed” for any roles until 2039. Whether or not his wish­es will con­tin­ue to be respect­ed after this date is unclear.

The deci­sion to pup­peteer” actors even after death ulti­mate­ly comes down to own­er­ship. Does a famous per­son sac­ri­fice their right to auton­o­my as soon as they appear in the pub­lic eye? As Bode observes, Tech­nol­o­gy allows the actor’s image to func­tion as a kind of pub­lic prop­er­ty with which any­one can play, but legal­ly it still belongs to them as per­son­al prop­er­ty.” How­ev­er, per­haps they now belong to the screen, as Piran­del­lo feared back in 1915. While the media and fans fre­quent­ly over­step the bounds of celebri­ties’ basic right to pri­va­cy, the race to own and con­trol the iden­ti­ty of dead movie stars sig­nals a prob­lem­at­ic pow­er strug­gle. Actors are more than pup­pets, jerked around to amuse a crowd.

Yet even when an actor signs away the rights to their image upon death, tech­nol­o­gy still can­not bring them back. With faces being plucked from his­to­ry and past­ed into new roles, it is not these actors’ tal­ent that we get to relive but sim­ply their appear­ance. They no longer have the free­dom to approach a char­ac­ter how they wish – it is the direc­tor and effects team that con­trol and manip­u­late the shad­ow of their essence. As Bode points out, We can’t have James Dean back from the dead. All we can have is a dig­i­tal­ly enhanced ossi­fied imper­son­ation of an actor frozen in a par­tic­u­lar act­ing style from the 1950s.”

There isn’t a short­age of tal­ent­ed actors out there who still have a pulse, but it would seem that a more eas­i­ly manip­u­lat­ed act­ing tool may ulti­mate­ly be prefer­able to a con­scious, autonomous col­lab­o­ra­tor. Is there any val­ue to dig­i­tal­ly exhum­ing an actor oth­er than nos­tal­gia? The dif­fer­ent expe­ri­ences and per­spec­tives actors bring has always been a fun­da­men­tal aspect of this art­form – with­out it, the very essence of cin­e­ma changes. As a feat of tech­ni­cal skill and show­man­ship, a per­for­mance by a CGI actor can be con­vinc­ing and even impres­sive. But it will nev­er replace the real thing.

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