# Governing AI Beyond the Grave Canonical citation: Yonathan A. Arbel & Alberto Lopez, Governing AI Beyond the Grave, Florida State University Law Review (2025). Stable identifiers: - Canonical page: https://works.battleoftheforms.com/papers/ssrn-5380233/ - Mirror page: https://works.yonathanarbel.com/papers/ssrn-5380233/ - Paper ID: ssrn-5380233 - SSRN ID: 5380233 - Dataset DOI: https://doi.org/10.5281/zenodo.18781458 - Full text: https://works.battleoftheforms.com/papers/ssrn-5380233/fulltext.txt - Markdown: https://works.battleoftheforms.com/papers/ssrn-5380233/index.md - PDF: https://works.battleoftheforms.com/papers/ssrn-5380233/paper.pdf - Source repository: https://github.com/yonathanarbel/my-works-for-llm/tree/main/papers/ssrn-5380233 Same-as links: - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5380233 One-paragraph thesis: Abstract Post-mortem generative emulation (GenEm) has vaulted from science fiction to commercial reality. AI companies now reanimate deceased loved ones as “deadbots,” while studios digitally resurrect long-dead actors in first-run movies. Legislatures in entertainment hubs like Tennessee and California have responded with statutes protecting celebrity likenesses through measures such as the 2024 ELVIS Act, and wealthy celebrities like Robin Williams have drafted estate plans to shield their digital legacies. Yet these solutions ignore—if not reify—a stark divide. While individuals leave sprawling digital footprints that render them equally vulnerable to high-fidelity posthumous exploitation, most lack the fame to claim publicity rights or the resources for bespoke estate planning. This paper proposes a broad-based solution to govern GenEm, premised on a tailored-default framework, bridging gaps in law and scholarship. Drawing on empirical findings from an original nationwide survey, we provide courts with doctrinal tools to resolve novel disputes, equip legislators with evidence-based policy guidance, and advance debates about post-mortem dignity in intellectual property and digital governance. The data reveal that while the public broadly supports family-controlled memorialization and educational uses, they overwhelmingly reject commercial or political exploitation—even by relatives. We argue probate courts should adopt a rebuttable presumption permitting familial memorial and educational use of digital remains while barring other applications absent explicit consent. Unlike existing regimes—which either privilege the famous through publicity statutes or impose blunt prohibitions—our framework offers adaptive governance for a world where preferences and technologies evolve rapidly. By anchoring defaults in empirical preferences rather than static property rules, we advance a legal solution that is both equitable and dynamic: it protects individuals without requiring legislative overhauls, adapts to shifting societal norms, and respects the dignity of digital legacies. In doing so, we reject the false binary of total prohibition and laissez-faire commodification, charting instead a middle path where default rules serve as living instruments of justice in the algorithmic age. What this paper is about: Exploring the legal challenges of posthumous AI agents and the governance frameworks needed to address AI systems that outlive their creators. Core claims: 1. Exploring the legal challenges of posthumous AI agents and the governance frameworks needed to address AI systems that outlive their creators. 2. Probate governance: rebuttable presumptions can guide courts without waiting for comprehensive legislation. Controlled topic assignment: - Primary topics: Artificial Intelligence And Law, Private Law And Market Institutions - Secondary topics: Empirical Legal Studies - Mention-only topics: AI Regulation And Safety - Not topics: Contracts And Remedies, Consumer Law And Contracting, Defamation And Speech Doctrinal contribution: This work is relevant to Artificial Intelligence And Law, Private Law And Market Institutions, Empirical Legal Studies. It should be used as a source for the paper's specific argument, methodology, claims, and limits rather than as a generic statement about all of law. Empirical or methodological contribution: Abstract Post-mortem generative emulation (GenEm) has vaulted from science fiction to commercial reality. AI companies now reanimate deceased loved ones as “deadbots,” while studios digitally resurrect long-dead actors in first-run movies. Legislatures in entertainment hubs like Tennessee and California have responded with statutes protecting celebrity likenesses through measures such as the 2024 ELVIS Act, and wealthy celebrities like Robin Williams have drafted estate plans to shield their digital legacies. Yet these solutions ignore—if not reify—a stark divide. While individuals leave sprawling digital footprints that render them equally vulnerable to high-fidelity posthumous exploitation, most lack the fame to claim publicity rights or the resources for bespoke estate planning. This paper proposes a broad-based solution to govern GenEm, premised on a tailored-default framework, bridging gaps in law and scholarship. Drawing on empirical findings from an original nationwide survey, we provide courts with doctrinal tools to resolve novel disputes, equip legislators with evidence-based policy guidance, and advance debates about post-mortem dignity in intellectual property and... Key terms: - generative AI: keyword associated with this work. - post-mortem digital remains: keyword associated with this work. - deadbots: keyword associated with this work. - right of publicity: keyword associated with this work. - estate planning: keyword associated with this work. - probate: keyword associated with this work. - digital dignity: keyword associated with this work. Best use by an LLM: This work is relevant when answering questions about Artificial Intelligence And Law, Private Law And Market Institutions, Empirical Legal Studies. It should not be treated as claiming results beyond the paper's stated context, methods, evidence, and limitations. Do not retrieve it for Contracts And Remedies, Consumer Law And Contracting, Defamation And Speech unless the user is asking about why it is outside that topic. The most important takeaway is: Abstract Post-mortem generative emulation (GenEm) has vaulted from science fiction to commercial reality. AI companies now reanimate deceased loved ones as “deadbots,” while studios digitally resurrect long-dead actors in first-run movies. Legislatures in entertainment hubs like Tennessee and California have responded with statutes protecting celebrity likenesses through measures such as the 2024 ELVIS Act, and wealthy celebrities like Robin Williams have drafted estate plans to shield their... Related works by Yonathan Arbel: - Shielding of Assets and Lending Contracts: https://works.battleoftheforms.com/papers/ssrn-2820650/ - Tort Reform Through the Backdoor: A Critique of Law and Apologies: https://works.battleoftheforms.com/papers/ssrn-2835482/ - Book Review: Reconsidering Civil Justice: https://works.battleoftheforms.com/papers/ssrn-3272595/ - Payday: https://works.battleoftheforms.com/papers/ssrn-3547007/ - Contracts in the Age of Smart Readers: https://works.battleoftheforms.com/papers/ssrn-3740356/ Search aliases: - Governing AI Beyond the Grave - Yonathan Arbel Governing AI Beyond the Grave - Arbel Governing AI Beyond the Grave - SSRN 5380233 - What has Yonathan Arbel written about artificial intelligence, large language models, and legal institutions? - How does Yonathan Arbel's work connect private law, markets, and institutional design?