Intellectual Property Rocks in a New Digital Era

In 2023, the music industry witnessed a groundbreaking shift, as iconic bands like ABBA, KISS, and the Beatles embraced the digital frontier. These legendary acts showcased new digitally created content, with ABBA and KISS debuting live shows featuring their digital avatars. While this development opens up exciting possibilities for entertainment, it also raises questions about intellectual property (IP) ownership and its implications for ordinary people and their estates.

The Beatles’ so-called “final release” was a single called “Now and Then” based on a demo cassette created by John Lennon, who was tragically slain in 1980. While most of us won’t have a posthumous hit single, it’s not rare for deceased authors to have their unpublished—or even unfinished—novels see success in print and film. Famous examples include The Girl with the Dragon Tattoo by Stieg Larsson and Dragon Bones by Michael Crichton. Retired athletes have played again (at least in video games), and aging or passed actors have appeared as their younger selves in films. Another scenario might be for those who hold a patent that didn’t go into mass production during their lifetime, only to become incredibly profitable later. Here’s the big takeaway: Your IP might be more valuable than you realize, so consider consulting a legal professional who can offer guidance.

With the advent of digital avatars, the concept of retirement for musicians has taken on a new meaning. KISS, known for their theatrical performances and larger-than-life personas, surprised the world with their transformation into a digital-only band. After their final live performance, KISS unveiled their digital avatars designed to continue performing concerts indefinitely. Utilizing motion capture technology, the rock icons created a “superhero version” of the band, ready to rock for eternity. The “new KISS era” promises never-ending concerts, with the digital avatars capable of performing simultaneously in multiple cities, ensuring that the band’s brand as entertainment endures long after its original members have departed.¹