Robert Downey Jr. said in 2024 that he intended to sue future executives who authorized an AI-created version of him, even after he died. It was a pointed hypothetical on the On With Kara Swisher podcast—not news of a lawsuit, a court ruling or a guarantee that his wishes would prevail under every jurisdiction’s laws.
What Downey said about an AI version of himself
In an exchange reported by the Associated Press on Oct. 29, 2024, Downey said: “I would like to here state that I intend to sue all future executives just on spec.” When host Kara Swisher replied, “You’ll be dead,” he answered: “But my law firm will still be very active.” The AP report framed the remark around future executives and the possibility of a digital replica; it does not report that Downey had filed a case.
Downey was also asked about Tony Stark, the Marvel character he portrayed. He said he trusted the people then making decisions at Marvel not to “hijack” the character’s “soul” or recreate him without permission. The Guardian reported his view that they “would never do that to me, with or without me.” That was Downey’s confidence in current decision-makers, not a public promise from Marvel or evidence of a plan to recreate Tony Stark.
What the remarks do—and do not—establish
- They establish his stated intention: Downey said he would pursue future executives over an unauthorized AI version of him.
- They do not establish a filed lawsuit: the exchange was hypothetical, and the cited reports describe no case brought by Downey.
- They do not settle future legal rights: the reports do not establish Downey’s estate documents, the legal strategy his representatives might use, or the outcome of a dispute in any particular jurisdiction.
- They do not show that Marvel intends to recreate him: Downey expressed trust that the then-current decision-makers would not do so without permission.
The comments came amid entertainment-industry disputes over AI and performer protections. The AP described a 2024 video-game performers’ strike over AI protections, following earlier film and television strikes. Ars Technica also placed the debate in the context of SAG-AFTRA’s 2023 negotiations. That wider labor context helps explain why replicas were a live issue, but it does not mean Downey’s remarks caused the disputes.
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What current union statements say about posthumous replicas
The legal and contractual context depends on the jurisdiction, the medium and any applicable agreement. In 2024, the AP reported that a SAG-AFTRA representative cited California law prohibiting unauthorized replication of a deceased performer’s likeness without prior consent. That was the union representative’s explanation as reported at the time, not a nationwide rule covering every kind of use.
In a statement dated Mar. 20, 2026, SAG-AFTRA said: “The applicable SAG-AFTRA collective bargaining agreement, as well as state law, requires consent from the estate to use a digital replica of a deceased performer in a motion picture.” The statement concerns the applicable agreement and state law in a motion-picture context; it should not be read as a universal rule for every jurisdiction, contract or medium.
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How the Val Kilmer example differs
A 2026 AP report described a motion-picture use that involved estate authorization rather than the unauthorized scenario Downey raised. Val Kilmer’s estate authorized a digital performance for As Deep as the Grave and was compensated, according to the AP; SAG-AFTRA said the family’s consent had been obtained. Kilmer’s daughter, Mercedes, said he had viewed emerging technology optimistically as a storytelling tool. That reported example shows how consent can change the circumstances of a posthumous performance; it does not determine what would happen in a hypothetical dispute involving Downey.
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Why permission is central to the comparison
| Scenario | What the cited reporting establishes | What it does not establish |
|---|---|---|
| Unauthorized posthumous replica | Downey said he intended to sue executives who authorized an AI version of him. In 2024, the AP reported a SAG-AFTRA representative’s explanation of California law; in 2026, the union described estate consent requirements under applicable state law and a collective bargaining agreement for motion pictures. | Whether Downey’s estate would sue, which law or contract would apply to a future use, or whether a claim would succeed. |
| Estate-authorized posthumous performance | The AP reported that Kilmer’s estate authorized and was compensated for his digital performance in As Deep as the Grave; SAG-AFTRA said the family consented. | A general rule for all performers, uses, jurisdictions or agreements—or an answer to a hypothetical Downey dispute. |
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