There are uses of AI that are proving to be more than black and white. While voice actors, have protested their performances being fed into AI against their will, we are now seeing an example of this being done, with permission, in a very unique case.
Depends on whether a voice is considered a copyrightable asset. If it is it would have transfered to the family when he died so they could give permission. If not CDPR legally wouldn’t be required to get consent anyway. New regulation is probably going to be written to clarify issues like this.
It isn’t, a voice is not an expression and hardly tangible, you can copyright a voice as much as you can copyright a violin, or a style of play: You can’t. But as we’re talking about a person and not an object it is use of someone’s likeness, which is part of personality rights.