While “Avatar” remains one of director James Cameron’s most celebrated works, a new lawsuit involving the film series could have widespread implications. The case, which accuses him of using a performer’s image without permission, comes amid concerns about the legal ownership of actors’ faces.
‘Without credit or compensation’ The actor Q’orianka Kilcher filed a lawsuit alleging that in 2005, when she was 14, Cameron “extracted her facial features” from a movie about Pocahontas, then “directed his design team to use it as the foundation for the character of Neytiri” in 2009’s “Avatar,” said a release about the suit, per NBC News. Kilcher’s likeness “went on to appear in the films, on movie posters and on merchandise, without her knowledge or consent.” Kilcher is of Native Peruvian heritage, and the case “exposes how one of Hollywood’s most powerful filmmakers” used her “cultural heritage to create a record-breaking film franchise without credit or compensation to her,” said the lawsuit.
‘Our likeness is no longer safe’ The suit raises broader concerns about who truly owns actors’ likenesses: the actors themselves or the studios they work for. It’s possible that lawyers for Cameron and Disney will be able to “make some kind of fair use argument here, claiming that Neytiri is enough of a transformation of Kilcher’s original appearance as to be cleared of any of her claims,” said the AV Club.
This case revolves around a “complex area of the law that has taken on a new immediacy in the age of generative AI,” where “anyone with an internet connection” can “easily create images that replicate existing art, photographs and human likenesses,” said The New York Times. Laws attempt to balance First Amendment rights by “distinguishing between commercial exploitation” and artistic works, but the line can be blurry.
The lawsuit “reflects a core fear among Hollywood performers in the artificial intelligence age: losing control of their own faces,” said the Times. Such a problem could seep into the general public, as well. New pushes against AI are “less about the technology than who owns your image, voice and likeness,” said Forbes. Celebrities are simply an “early test case.”
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