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2018 Cardozo L. Rev. De-Novo 1 (2018)

handle is hein.journals/denovo2018 and id is 1 raw text is: 










                            CARDOZO LAW REVIEW


           de onovo




       PRESERVING FILM PRESERVATION FROM THE
                     RIGHT OF PUBLICITY'

                          Christopher Buccafuscot
                        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.
   T Professor of Law, Director of the intellectual Property + Infonnation 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. Cornell University School of Industrial and Labor
Relations, 2010.

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