Mercedes Kilmer defended the use of generative AI to recreate her father's likeness in the upcoming film "As Deep as the Grave" [1, 2].

The controversy highlights the growing tension between creative technology and the ethical boundaries of posthumous performances. As AI tools become more sophisticated, the entertainment industry faces a critical debate over who controls a performer's image after death.

During an appearance on the NBC "Today" show in April 2024, Mercedes Kilmer addressed public criticism regarding the digital resurrection of her father [1]. She said that the family provided the necessary consent for the project. "My family gave permission for his likeness to be used, and we think it’s an interesting way to tell the story," Kilmer said [1].

The film uses generative AI to bring the actor back to the screen, a technique showcased in the movie's trailer [2, 3]. This digital recreation allows the production to feature the actor despite his death. While some viewers find the practice unsettling, Kilmer said that the industry must evolve. "We have to contend with this technology," she said [1].

Reports regarding the actor's death contain conflicting details. One source states he died in April 2025 at age 65 from pneumonia [4], while another report suggests he died the previous year following a battle with cancer [5].

The use of AI in "As Deep as the Grave" represents a shift in how studios handle legacy casts. By utilizing generative AI, filmmakers can maintain visual continuity or complete roles that were interrupted by a performer's death [2]. Kilmer's public defense suggests that family consent may serve as the primary ethical benchmark for these productions [1].

"My family gave permission for his likeness to be used, and we think it’s an interesting way to tell the story."

The defense of Val Kilmer's AI likeness signals a shift toward treating a performer's image as a transferable asset managed by heirs. This precedent may accelerate the adoption of generative AI in Hollywood, potentially bypassing the need for living actors in certain roles and complicating future labor negotiations regarding digital replicas.