In 2008, Robbert de Klerk, a family law attorney in Los Angeles, was on the hunt for a job change. Little did he know that an enticing opportunity awaited him - Humphrey Bogart's estate was seeking a CEO. Bogart's son had been handling his affairs, but now they wanted a lawyer to safeguard and promote the actor's name. By 2009, de Klerk had secured the position.

The Enduring Legacy of Dead Celebrities

Humphrey Bogart, renowned for his roles in Casablanca and The Maltese Falcon, passed away in the 1950s. Yet, his legacy lives on and is a lucrative business. He is featured on a fountain pen, a Gucci sweatshirt, and even a former gin brand. Marilyn Monroe's name is used to sell lipstick, and Whitney Houston's adorns an eyeshadow palette. Other deceased stars are making comebacks in new works as well. In 2021, a hologram of Whitney Houston performed at a Las Vegas show, and an AI-generated James Dean will appear in the upcoming film Back to Eden. Simulacrums of Dean (dead for 69 years), Judy Garland (dead for 55 years), and Burt Reynolds (dead for six years) are narrating in an AI firm's app.These deals are brokered by professionals like de Klerk - lawyers, talent managers, and longtime fans representing celebrities' estates. An estate encompasses all of a person's possessions and, for famous people, controls how their name and image are used in commercial contexts and often includes rights to their work. While legally, the term estate applies before a will is executed, in practice, it is often used long after an inheritance is settled. Ownership typically passes to the family; Bogart's estate is still held by his children.Over the past few decades, many relatives of famous people have chosen to sell their estates or parts of them to third-party companies, reaping significant profits. While most B-listers don't make much after death, Michael Jackson brought in an estimated $600 million this year.Record labels, publishers, and movie studios have long capitalized on the star power of dead performers through biopics and reboots. Estates started claiming a cut of this money decades ago, and with the rise of new technology, especially AI, there are more profit opportunities than ever. But AI's power is not just financial; it's cultural too, reshaping our perceptions of these stars.For most of the 20th century, companies could use a celebrity's name without legal risk. But after Elvis Presley's death in 1977, that changed. Presley's representatives started suing "Elvis impersonators, Elvis tribute restaurants, Elvis tribute shows." In 1984, the Tennessee legislature passed a posthumous "right of publicity" law, and many states have followed suit. A bill in Congress, the NO FAKES Act, would enshrine a digital right of publicity in federal law.Once estates could control who profited from their stars, they started selling old footage to advertisers. For example, Groucho Marx was used for Coca-Cola in 1992, and Fred Astaire for Dirt Devil in 1997. Then, owners began selling entire estates. In 2011, Authentic Brands Group bought Marilyn Monroe's publicity rights for between $20 million and $30 million. Since then, deals have been increasing. Jeff Anderson, a consulting firm managing director, compared the current interest to the late-’90s dot-com bubble.Authentic Brands Group now manages Muhammad Ali's and Elvis Presley's publicity rights. Primary Wave owns the estate of James Brown and has significant stakes in the Whitney Houston and Prince estates. Anderson has also seen less entertainment-focused companies buying celebrity publicity rights, but these deals are often kept private.Estate owners have an attractive pitch for film and Broadway producers. A star from decades past is guaranteed to sell tickets, and they can control how the star acts. These third-party owners have significant power over a celebrity's legacy, even if they have no personal connection. They can dilute our memories by licensing out images and likenesses to AI companies or divert attention from past misdeeds.Investors can't completely suppress a star's past, but they can make unflattering projects more difficult. For example, Netflix signed a contract with the Prince estate for a documentary but the new executors are trying to block its release due to a technicality. Such disputes are likely to become more common and disrupt our perception of past icons.The rise of AI has intensified these ethical concerns. Some living stars, like Kristen Bell, have licensed their voices to AI models, while others are setting limits. Robin Williams barred commercial uses of his likeness until 25 years after his death. Anderson has seen others place similar limits. But long-dead celebrities have no way to refuse digital replication, and their fate depends on the estate owner.Some companies are respectful stewards of a star's image, adhering to their values. In family-owned estates, children and close friends have a strong sense of how the loved one would want their name used. De Klerk, who manages the Bogart estate, is skeptical of AI and has turned down offers to use Bogart's voice and image. But not all estates are as concerned with the deceased's wishes.The reproduction of a star's image can be unsettling as it seems to raise the dead and strips them of their agency. It violates our belief in granting dignity to the dead. Given the financial aspect, it's not hard to imagine that some custodians may prioritize profit over dignity.