Robert Downey Jr. says he 'intends to sue' all future executives who use his AI replica

LOS ANGELES — 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.

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 over artificial intelligence protections.

Leaders of the Screen Actors Guild-American Federation of Television and Radio Artists have billed the issues behind the labor 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.

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 novelist 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. “The idea that somehow it belongs to them because they have these super huge start-ups is a fallacy.”

The podcast episode 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.