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While holograms are likely covered by existing laws, potential legal challenges will likely focus on whether the performance is protected by the First Amendment. “You get into very subjective areas about what is artistic,” Mr. Reynolds said.
Courts have been divided about whether a work featuring a celebrity — or one closely based on a star — is transformative and warrants its own protection, or infringement, Mr. Reynolds said.
“You get into very subjective areas about what is artistic.”
Monroe’s estate threatened legal action earlier this year against a company claiming it was working on a digital show using the iconic actress’ likeness. The technology for holograms or other digital performances is intriguing, the estate’s handlers at Authentic Brands say, but they would only partner with people who could make a top-notch product.
“I also hope that the people who do follow us do it with the same care and the same sense of dedication, because I would hate to see a bad version of Marilyn Monroe, a bad version of Elvis up there,” Mr. Brown said.
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