Val Kilmer’s likeness is being used in the new movie with permission from his family and estate.
Kilmer — known for his roles in “Top Gun,” “Tombstone” and “Batman Forever” — died of pneumonia last April at the age of 65. “As Deep as the Grave,” previously titled “Canyon of the Dead,” stars the late actor as Father Finton, a Catholic priest and Native American spiritualist.
Also starring Abigail Laurie, Tom Felton and Abigail Breslin, the film is based on the true story of Ann and Earl Morris, early 20th century archaeologists who helped excavate and document evidence of the Ancestral Pueblons in the American Southwest.
In a news release from First Line Films, the New Mexico-based production company behind the project, director Corte Voorhees said he cast Kilmer, who has Native American heritage, years before his death. Instead of reimagining him, Voorhees decided to attempt to create his performance digitally through generative AI technology.
The news release did not say what AI technology was used, but described it as “sophisticated.”
“When Wall came to the project five years ago, she immediately identified with Father Finton’s historic Southwest spiritual role and understood the importance of raising awareness of Ann Morris’ remarkable story as North America’s first female archaeologist,” Voorhees said in a release. “It is very unfortunate that his health at the time prevented him from performing this role spiritually and culturally speaking.”
Actors have also appeared in films posthumously, including Oliver Reed in “Gladiator,” Paul Walker in “Furious 7” and Carrie Fisher in “Star Wars: The Rise of Skywalker.” But this appears to be the first time this has been done with AI technology, as previous cases have often relied on techniques such as using CGI to graft an actor’s face onto a body double.
The news comes as the industry grapples with innovations in AI. SAG-AFTRA, the actors’ union, recently ended a month of negotiations with major studios without reaching a new contract. The use of AI in the industry remains a sticking point, as actors fight for the ability to match their own likeness.
In 2024, California Governor Gavin Newsom signed bills to help provide AI protections to actors. One of the laws, AB 1836, specifically protects digital likenesses as part of the posthumous promotion of performers, a legal right to protect people’s identities from unauthorized commercial use.
Despite the fact that some people might call it controversial, this is exactly what Wall wanted
-Director Corte Voorhees
Voorhees said in a news release that the production was “honored to collaborate” with Kilmer’s daughter Mercedes on the project.
“My father was a deeply spiritual man and this story of discovery and enlightenment in the American Southwest and his unique role in it really resonated with him,” Mercedes Kilmer said in a statement announcing the news. “He was always optimistic about emerging technologies as a means to expand the possibilities of storytelling. It is this spirit that we are honoring in this particular film, of which he was an integral part.”
Many AI developers have come under fire in recent years for training their models using artists’ work without consent or compensation. And as studios increasingly embrace AI, they’ve faced pushback.
Last year, the release of Tilly Norwood, the first fully AI-generated actor, was widely criticized for what SAG-AFTRA described as “devaluing human artistry”.
But artists are also starting to collaborate with AI companies. Earlier this year, Liza Minnelli was among a group of artists who contributed to an AI-generated album made by AI sound production company ElevenLabs.
Kilmer “really wanted to be a part of this,” Voorhees told Variety.
“That support is what gave me the courage to say, OK let’s do this,” he said. “Despite the fact that some might call it controversial, this is what Wall wanted.”
Before his death, Kilmer himself explored creating AI-generated similes. In 2021, he used AI voice platform Sonantic to develop an AI-generated version of his voice, which was permanently damaged after undergoing a tracheostomy for his throat cancer. Soundstage created the sound using archival audio provided by Kilmer. That voice was later used in “Top Gun: Maverick,” in which Kilmer reprized the role of Iceman.
“As human beings, the ability to communicate is at the core of our existence, and the side effects of throat cancer have made it difficult for others to understand me,” Kilmer said in a statement at the time. “The opportunity to narrate my story in a voice that feels authentic and familiar is an incredibly special gift.”
For “As Deep as the Grave”, Voorhees chose to use Kilmer’s post-tracheostomy voice. He noted that the voice worked for his character in “As Deep as the Grave” who was suffering from tuberculosis and thus “reflected Val’s true state when he was suffering from throat cancer”.
“I’ve been working with our actors and we’ve had amazing performances throughout this movie,” Voorhees told Variety. “But we couldn’t just roll the camera again. We didn’t have the budget. We weren’t a big studio film. So we had to think of innovative ways to do it. And we realized the technology was there for us.”
“As Deep as the Grave,” which has been in post-production for three years, is expected to release in 2026, First Line Films said.
