Lucasfilm, a division of Disney, is currently dealing with a legal dispute involving the digital recreation of the late actor Peter Cushing’s likeness in Rogue One: A Star Wars Story. The lawsuit was filed by Kevin Francis, a producer and close friend of Cushing, who argues that the digital resurrection of Cushing’s image in the film was unauthorized.
Francis, who collaborated with Cushing on several films like The Ghoul and The Masks of Death, claims that Cushing had an agreement with him in 1993 which required his permission for any future use of the actor’s likeness through digital effects. This agreement allegedly stipulated that Francis had control over any such recreations, a claim Francis is now using to challenge Lucasfilm’s use of Cushing’s image in Rogue One.
Cushing, known for his role as Grand Moff Tarkin in the original Star Wars film, passed away in 1994. Despite his death, the character was digitally brought back to life for the 2016 film. Francis contends that this digital recreation violated their agreement, leading him to seek legal redress for what he describes as “unjust enrichment” by Lucasfilm and Disney.
Court Rulings and Legal Arguments
The legal battle has seen Lucasfilm defending its actions, arguing that it did not need additional permission to use Cushing’s likeness. The studio relies on Cushing’s original contract from the 1977 film Star Wars: Episode IV – A New Hope, asserting that the agreement covered such uses. Additionally, Lucasfilm points out that they made a payment of approximately £28,000 (about $37,000) to Cushing’s estate as compensation for using his digital likeness.
Despite Lucasfilm’s defense, the High Court in London has allowed Francis’s lawsuit to proceed. On September 9, Deputy High Court Judge Tom Mitcheson ruled against Disney’s attempt to dismiss the case, stating that there was insufficient reason to throw out the claim without a full trial. Judge Mitcheson acknowledged the evolving nature of legal boundaries in this area, indicating that a detailed factual inquiry was necessary.
Disney’s Position and Technological Considerations
Disney has maintained that it acted appropriately and within its legal rights. The company argues that the digital reconstruction of Cushing’s image was covered by his original contract, and that the technology used—combining digital effects with a body double—was not anticipated in the early 1990s. Disney also asserts that its payment to Cushing’s estate further supports its claim of acting in good faith and negates the “unjust enrichment” accusation.
The case also raises significant ethical and legal questions about the use of digital likenesses of deceased actors. This issue has gained prominence with advances in special effects technology, which now allow for the realistic recreation of actors’ appearances. Francis’s lawsuit highlights concerns over who controls an actor’s image after their death and whether studios should be able to use such likenesses without explicit consent.
The lawsuit against Lucasfilm is part of a larger trend in the entertainment industry, where digital recreations of deceased actors are becoming more common. Similar techniques were used to include Carrie Fisher’s Princess Leia in Star Wars: Episode IX – The Rise of Skywalker after her death in 2016.
