Preserving Film Preservation from the Right of Publicity1
de•C ARDOZOnovo L AW R EVIEW PRESERVING FILM PRESERVATION FROM THE RIGHT OF PUBLICITY1 Christopher Buccafusco† Jared Vasconcellos Grubow* Ian J. Postman# INTRODUCTION Newly available digital tools enable content producers to recreate or reanimate people’s likenesses, voices, and behaviors with almost perfect fidelity. We will have soon reached the point (if we haven’t already) when a movie studio could make an entire “live action” feature film without having to film any living actors. Computer generated images (CGI) could entirely replace the need for human beings to stand in front of cameras and recite lines. Digital animation raises a number of important legal and social issues, including labor relations between actors and movie studios, the creation and dissemination of fake news items, and the production of 1 Copyright 2018 by Christopher Buccafusco, Jared Vasconcellos Grubow, and Ian J. Postman. The authors are grateful for comments on an earlier draft from Jennifer Rothman and Rebecca Tushnet and for a helpful discussion of film restoration with Lee Kline. † Professor of Law, Director of the Intellectual Property + Information Law Program, Associate Dean for Faculty Development, Benjamin N. Cardozo School of Law, Yeshiva University. DISCLOSURE: Professor Buccafusco’s spouse, Penelope Bartlett, is an employee of The Criterion Collection, one of the major restorers and distributors of classic films. * Editor-in-Chief, Cardozo Law Review Volume 40, J.D. Candidate (June 2019), Benjamin N. Cardozo School of Law; B.M. Syracuse University Setnor School of Music, 2013. # Submissions Editor, Cardozo Law Review Volume 40, J.D. Candidate (June 2019), Benjamin N. Cardozo School of Law; B.S.
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