Pryor Cashman Partner Simon Pulman, Co-Chair of the firm’s Media + Entertainment and Film, TV + Podcast Groups and Co-Chair of the M+E Transactions and Financing Practice, was quoted in IndieWire in connection with the latest lawsuit involving James Cameron’s Avatar franchise and the growing legal questions surrounding AI, digital likeness, and biometric identity rights in Hollywood.

In IndieWire’s report, “The Latest ‘Avatar’ Lawsuit Is ‘Frivolous,’ but It Raises Major Questions About AI and Digital Likeness,” Simon addressed actress Q'orianka Kilcher’s claim that elements of the character Neytiri were modeled on her facial features, explaining why the case faces significant legal hurdles under existing right-of-publicity law:

“I don’t think that anybody involved in this, any member of the public, would have taken look at this character materially and have made the connection that it was this actress, including, by the way, it seems, the actress herself.”

Simon also emphasized the growing importance of contractual protections surrounding digital replicas and biometric scans as AI tools become more deeply integrated into entertainment production pipelines:

“If I were an actor, I thought this for some time, you want to make sure your reps are very, very clearly from a contractual perspective setting forth how your digital replica can be used, how it will be stored, whether it will be destroyed after use, etc.”

As generative AI continues reshaping film, television, gaming, and digital media, Simon’s commentary highlights the urgent need for performers, studios, and legal teams to address ownership, licensing, and protection of digital likeness rights before industry standards fully evolve.

Read the full IndieWire article using the link below.