Actually there might be a precedent with the Carrie Fisher from Star Wars. I believe they did use some form of virtualization after she passed..I don't know what the outcome was legally, but it definitely is in this realm.
She would have signed contracts that permitted this or her estate could have let it happen after she died. It is likely the former, I don't think this situation is applicable at all. Even The Crow was finished with face replacements in the 90s.
