Robert Downey Jr. has drawn a firm line in the sand regarding artificial intelligence, declaring he would take legal action against Marvel Studios if the company attempts to replicate his likeness using AI technology after his death. The Oscar-winning actor made these comments during an appearance on tech journalist Kara Swisher’s podcast “On With Kara Swisher,” released on October 21, 2024.
Downey Jr., who famously portrayed Tony Stark/Iron Man in the Marvel Cinematic Universe (MCU) until his character’s death in 2019’s “Avengers: Endgame,” is set to return to the franchise in a new role as the villain Doctor Doom in 2026’s “Avengers: Doomsday.” Despite this comeback, the actor made clear that his concerns about AI extend to any character he portrays within the Marvel universe.
The actor expressed confidence in Marvel’s current leadership, stating he trusts the “three or four guys and gals” who make key decisions at the studio would never misuse his character’s likeness. However, when Swisher pointed out that future executives might not share the same values, Downey Jr. quipped: “I would like to here state that I intend to sue all future executives just on spec.” He added that even after his death, “my law firm will still be very active.”
Downey Jr.’s concerns reflect growing anxiety in Hollywood about AI’s potential to recreate actors’ likenesses without consent. The superhero genre, which relies heavily on CGI and visual effects, presents particular vulnerabilities. Studios now possess extensive footage libraries that could theoretically be used to generate AI recreations of beloved characters. A notable example occurred in 2023’s “The Flash,” where Warner Bros. used a combination of CGI and AI technology to create a posthumous cameo of Christopher Reeve as Superman.
The issue gained prominence earlier in 2024 when Scarlett Johansson, another Avengers star, confronted OpenAI over a ChatGPT voice that closely resembled her own. Johansson revealed that OpenAI CEO Sam Altman had approached her in September 2023 to voice ChatGPT, which she declined. Despite her refusal, the GPT-4o demo released in May featured a voice strikingly similar to hers, forcing the actress to hire legal counsel. OpenAI subsequently paused the controversial voice option.
Interestingly, Downey Jr. has invested in AI companies, including joining the board of cybersecurity startup Aura in 2023. He explained this apparent contradiction by emphasizing that his investment decisions focus on the people involved and their “moral psychology” rather than purely technological or financial considerations.
Key Quotes
To go back to the MCU, I’m not worried about them hijacking my character’s soul because there’s like three or four guys and gals who make all the decisions there anyway, and they would never do that to me, with or without me.
Robert Downey Jr. expressed confidence in Marvel’s current leadership during his podcast interview with Kara Swisher, indicating he trusts the studio’s present decision-makers not to misuse AI to replicate his likeness without consent.
Well, you’re right. I would like to here state that I intend to sue all future executives just on spec.
When Swisher pointed out that future Marvel executives might not share current leadership’s values, Downey Jr. made this declaration, emphasizing his determination to protect his likeness rights even after his involvement with the studio ends.
But my law firm will still be very active.
Downey Jr. responded with this statement when Swisher suggested he might be deceased when AI technology could be misused, demonstrating his commitment to establishing legal protections that extend beyond his lifetime.
It always comes down again to not the technology or the opportunity to line my pockets as much as, ‘Who are the people involved with this? Do I think they have a moral psychology?’
The actor explained his rationale for investing in AI companies despite his concerns about AI in entertainment, emphasizing that ethical leadership matters more than the technology itself when making investment decisions.
Our Take
Downey Jr.’s stance represents a watershed moment in the AI ethics debate, particularly as it comes from one of Hollywood’s most bankable stars. His willingness to publicly threaten legal action sends a powerful message to studios and AI companies alike: talent will not passively accept the commodification of their digital identities. What’s particularly noteworthy is the apparent contradiction between his AI investments and his resistance to AI in entertainment, which he resolves through an emphasis on ethical leadership. This nuanced position—embracing AI where it’s guided by responsible actors while resisting its exploitative applications—may become the template for how other public figures navigate this complex landscape. The fact that both he and Johansson have taken public stands suggests a coordinated pushback from A-list talent that could fundamentally reshape industry practices and accelerate regulatory action around AI-generated content and digital likeness rights.
Why This Matters
This story highlights the escalating tension between Hollywood talent and AI technology, representing a critical inflection point for the entertainment industry. As AI capabilities advance, the ability to recreate actors’ likenesses posthumously or without consent has shifted from science fiction to practical reality, raising profound questions about intellectual property rights, consent, and digital legacy.
The involvement of high-profile actors like Downey Jr. and Johansson brings mainstream attention to AI ethics issues that extend far beyond entertainment. Their public stands could influence legislation and industry standards regarding AI-generated content and digital rights management. The entertainment industry often serves as a bellwether for broader technological adoption, and the boundaries established here will likely impact how AI is deployed across other sectors.
Furthermore, this controversy underscores the inadequacy of current legal frameworks to address AI-related challenges. Downey Jr.’s preemptive threat of litigation suggests that existing contracts and protections may not sufficiently safeguard actors’ rights in an AI-enabled future. As studios seek cost-effective production methods and AI companies push technological boundaries, the entertainment industry faces a reckoning that will shape how we balance innovation with individual rights and artistic integrity for decades to come.
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Source: https://www.businessinsider.com/robert-downey-jr-ai-marvel-replicates-likeness-avengers-2024-10