# Virtual Marilyn

Virtual Marilyn, commonly referred to as VM2, is a computer-generated virtual human character based on the persona of Marilyn Monroe. The character was described in its U.S. copyright registration as an "audiovisual work and character artwork depicting a computer-generated virtual actress adopting the persona of Marilyn Monroe."

## Overview

Developed in 1995 in Beverly Hills, United States, VM2 became the first fictional character to adopt the persona of a human being — Marilyn Monroe — that was ever accepted for copyright registration by the United States Copyright Office. VM2 made her debut in a Japanese music video in 1995, performing the song "Love Me, Love Me." In 1996, she was introduced in a global broadcast by Sony Chairman Idei to Sony distributors as the "Digital Dream of the Future," predicting how artificial intelligence would be integrated into everyday life.
In 1997, VM2 became the first virtual personality to host the online magazine What's Hot, What's Not, and also served as a pop culture commentator. In this role, she succeeded Max Headroom, a faux computer-generated personality, becoming the first actual computer-generated media star.
The original pilot version of the program featuring Virtual Marilyn lasted one hour, but the creators felt that the technologies used at the time could not achieve the desired user experience, and the project was considered "a bit ahead of its time." VM2 combined hyper-realistic animation technology, developed by Pasadena based SimGraphics, with the persona of American actress Marilyn Monroe.

## Technological features

VM2 was created using live motion capture and 3D modeling techniques. Her creation preceded modern artificial intelligence and deepfake technologies by 30 years. VM2 functioned as a "Vactor" (Virtual actor) — a character capable of performing, hosting shows, storytelling, and interacting with audiences.

## Copyright protection

Virtual Marilyn was protected by copyright, filed by Digicon Media and owned by Virtual Marilyn LLC, which registered the character's persona image. As noted by The Hollywood Reporter, this move was "unprecedented" because characters adopting the personas of real people had not previously been registered as copyrightable works. As a result, it became the first example of a virtual character being granted copyright protection.
In 2011, the United States Copyright Office confirmed that VM2 was a "computer-generated virtual actress adopting the persona of Marilyn Monroe," granting her full federal copyright protection. This allowed VM2 to commercialize the character and exclude the use of similar computer-generated personas of Marilyn Monroe. Intellectual property valuation experts from CONSOR assessed the rights to VM2 at over $100 million in 2014. Virtual Marilyn became the subject of legal disputes. The Estate of Marilyn Monroe attempted to claim that the use of Monroe's likeness in the form of a virtual character violated their intellectual property rights. In response, the heirs were criticized by the Ninth Circuit Court of Appeals for claiming ownership of persona rights that were terminated with Monroe's death in 1962, and in 2008, two federal courts in the U.S. imposed sanctions on Monroe's heirs for attempting to mislead the courts about these rights.
In 2014, Virtual Marilyn LLC filed a lawsuit against the Estate, claiming ownership of the rights to "audiovisual works and artistic creations" featuring the animated persona image of the virtual actress. The dispute centered around the argument that the rights to Marilyn Monroe's persona expired upon her death in 1962 and thus never belonged to her heirs. The Ninth Circuit Court of Appeals ruled that "the rights to Marilyn Monroe's persona expired with her death."
| # | Title | Copyright number | Registration date |
| 1 | VM2 - Virtual Marilyn | PA0001773872 | 1996 |
| 2 | VM2 and The Legion of Vactors, treatment for creation and exploitation of original computer generated characters adopting the personas of celebrated people | TXu001827427 | 2012 |
| 3 | Virtual Marilyn - VM2 Hosts Whats Hot What's Not | PAu003811274 | 2015 |
| 4 | Virtual Marilyn Re-Introduces Herself | PAu003811274 | 2015 |
| 5 | VM2 Virtual Marilyn Stickers | VAu001201414 | 2015 |
| 6 | Virtual Marilyn - The Secret Singularity : 1-4 | TXu002008862 | 2016 |