I think there is also a major distinction between creating the likeness of someone and sending that likeness to the family of the deceased.
If AI somehow allowed me to create videos of the likeness of Isaac Newton or George Washington, that seems far less a concern because they are long dead and none of their grieving family is being hurt by the fakes.
1. Whether there is an effective legal framework that prevents AI companies from generating the likenesses of real people.
2. The shared cultural value that, this is not cool actually, not respectful, and in fact somewhat ghoulish.
Establishing a cultural value is probably more important than any legal structures.