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The actor died last year at 65, of pneumonia. The use of generative AI to recreate Kilmer for the historical drama based on archaeologists Ann and Earl Morris became a hot button topic when the filmmakers announced it last month. The trailer shows Kilmer’s character at various ages.

Writer-director Coerte Voorhees, along with his brother John, spoke on a panel Wednesday about the controversial decision to use technology to create a performance from a deceased actor and explained why they feel they've done it ethically by working with Kilmer's children and the actors union. Coerte Voorhees stopped short of calling it a Val Kilmer performance, however.

“Val Kilmer influenced this performance,” Coerte Voorhees said.

Producer John Voorhees said the use of based on real people is risky territory for anyone to venture into but emphasized that they followed guidelines from the Screen Actors Guild-American Federation of Television and Radio Artists union that he boiled down to “consent, compensation and collaboration.” Kilmer’s estate, including his daughter Mercedes, gave permission for his digital replication, is being compensated for it and provided archival footage to help the process.

They also compared Kilmer's AI-rendered performance to any actor portraying a historical figure on screen, as Kilmer once did with Kilmer also utilized AI while he was alive. When he lost his natural speaking voice following a throat cancer diagnosis and two tracheotomies, he turned to an AI software company to digitally recreate his voice. Kilmer’s voice was also digitally altered to help his final screen performance in “Top Gun: Maverick.”

Kilmer had signed on to “As Deep as the Grave” years ago; Much of the film was structured around his character, they said. When Kilmer had to pull out at the last minute due to health issues they decided to proceed shooting without the character instead of recasting the role. The production had numerous stops and starts as one of the first to begin shooting in New Mexico in the fall of 2020 amid the pandemic. They realized later that the story really did need Father Fintan, and decided to broach the topic with Kilmer’s children, Mercedes and Jack.

“We were so glad they were so excited and so supportive of the idea,” Coerte Voorhees said. “We didn’t want to do it unless everybody thought this was going to work properly.”

He said that Kilmer is on screen in the movie for one hour and 17 minutes; The final runtime was not revealed but he said it’s long. The filmmakers plan to release it sometime this year.