Robert Downey Jr. will sue execs if they recreate him with AI — even after he's dead

Robert Downey Jr. doesn't think Marvel executives would ever recreate his portrayal of Tony Stark using artificial intelligence. But if they did, he would lawyer up — even posthumously.

On a recent episode of the On With Kara Swisher podcast, the Oscar-winning actor said he intends to "sue all future executives" who allow an AI-created version of him. Speaking about his role as Iron Man, Downey said he does not want his likeness recreated by AI technology.

"I am 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," Downey said.

Swisher noted that those executives would eventually be replaced.   

"Well, you're right," Downey said. "I would like to here state that I intend to sue all future executives just on spec."  

"You'll be dead," Swisher said.   

Downey replied, "But my law firm will still be very active."

Representatives for Marvel Studios and for Downey did not immediately respond to a request for comment.

Actors still battling against AI

The discussion comes amid the Hollywood video game performers' strike, which began in July after more than 18 months of negotiations over a new interactive media agreement with game industry giants broke down due to artificial intelligence protections.

Leaders of the Screen Actors Guild-American Federation of Television and Radio Artists have billed the issues behind the labour dispute — and AI in particular — as an existential crisis for performers. Concerns about how movie studios will use AI helped fuel last year's film and television strikes by the union, which lasted four months. SAG-AFTRA ultimately signed a deal requiring productions to get the informed consent of actors whose digital replicas are used.

A spokesperson for SAG-AFTRA said that Downey has the right to deny any digital replica uses in film because of California's new law prohibiting the unauthorized replication of a dead performer's likenesses without prior consent. That law, signed by California Gov. Gavin Newsom in September, was sponsored by the union.

It's not a leap to suggest that companies might try to replicate an actor with AI after their death — advanced CGI was being used nearly 10 years ago to bring actors such as Peter Cushing and Paul Walker back on screen posthumously.

But the swift advent of AI deepfake technology, and the lack of regulation around it, has concerned many performers. 

Downey isn't the first actor from the Marvel universe to say he's against his likeness being recreated by AI in the future. In an interview with Rolling Stone in 2023, Samuel L. Jackson said he reads his contracts carefully, and removes clauses that would allow studios to use his image "in perpetuity," which would include after his death. 

Robin Williams's daughter Zelda slammed AI recreations of her late father last year on Instagram, writing that she finds it "personally disturbing" when people use AI to make an imitation of his voice say whatever they want. 

Other actors have spoken out against AI deepfakes. On the picket line for SAG-AFTRA, Susan Sarandon called deepfakes "soulless." Keanu Reeves told Wired last year that deepfakes were "scary" and an erasure of an actor's point of view, and Tom Hanks took to Instagram in 2023 to warn that an ad for a dental plan was using an AI version of his voice and image without his consent. 

Some actors have signed off on the use of AI to replicate their voice or image in specific scenarios. For instance, James Earl Jones agreed before his death to allow the technology to recreate his iconic vocal performance as Darth Vader in the Star Wars universe for future projects. 

Downey starring in play examining AI and artistic integrity

Downey made his Broadway debut this month in McNeal, a one-act play by Ayad Akhtar that delves into themes of artificial intelligence, artistic integrity, plagiarism and copyright infringement. The 59-year-old actor plays the titular character, Jacob McNeal, an acclaimed novellist whose battles with alcoholism and mental illness culminate at a crucial juncture in his career.

"I don't envy anyone who has been over-identified with the advent of this new phase of the information age," Downey said in the podcast episode with Swisher. "The idea that somehow it belongs to them because they have these super huge startups is a fallacy."

The episode also explored questions the play raises about truth and power in the age of AI, and whether there is a "social contract" related to the use of AI.

Downey's upcoming role as Doctor Doom in Avengers: Doomsday will bring him back to the Marvel Cinematic Universe in 2026.