Disney is in yet another lawsuit, this time over the use of CGI to recreate Peter Cushing’s likeness in Rogue One. Cushing, who passed away in 1994, famously played Grand Moff Tarkin in the original 1977 Star Wars film.
Tyburn Film Productions is suing the Disney-owned company Lunak Heavy Industries (UK) Ltc over using Peter Cushing’s likeness for their 2016 film “Rogue One: A Star Wars Story.” In the film, actor Guy Henry portrayed Tarkin, and then Lucasfilm added Cushing’s face digitally. This started the lawsuit in 2019, three years after the film’s release.
Disney is being sued for using CGI to resurrect Peter Cushing for Rogue One: A Star Wars Story. The actor, who played imperial commander Grand Moff Tarkin in Star Wars: A New Hope, died in 1994.
The production company claims they made an agreement with the late actor’s estate for permission and paid a £28,000 fee to use his likeness. Tyburn Film Productions claims that Disney did not have their approval, which is why they are suing.
Why is Tyburn Film Productions going so far?
Tyburn is run by Peter Cushing’s friend, Kevin Francis. Francis claims that the actor did not permit his likeness to be used via special effects. Besides filing claims against Disney, who owns both companies, Francis also filed against Cushing’s estate executors, who have since passed away, and the late actor’s management agency, Associated International Management.
Francis claims that Peter Cushing signed an agreement with them in 1993 for a film called “A Heritage of Horror.”
“The actor signed the agreement not to allow his image to be used without Francis’s permission in 1993 while preparing to make a television film called A Heritage of Horror, which was not completed.”
Disney tried to get the Peter Cushing Lawsuit Dismissed.
Disney-owned Lucasfilm and Lunak Heavy Industries tried to get the claim dismissed. They argued that permission from Cushing wasn’t needed under a contract he signed for the 1977 “Star Wars: A New Hope” film and they paid a fee to Cushing’s estate to gain permission. However, the judge was not convinced and denied the motion to dismiss last December.
After the ruling, Disney appealed and got a hearing in London in July of this year. On September 9, 2024, Deputy High Court Judge Tom Mitcheson KC ruled against Disney’s dismissal claim again saying that the case should move to a trial.
The judge’s decision was based on the case not being “unarguable” but would require more “factual inquiry.”
Fans aren’t convinced
While the recreation of Peter Cushing has been seen by actors and fans as a potential AI threat demonstrating how easy people can be replaced, many question the assertion that the late actor specifically requested not to be digitally recreated back in 1994.
Speculation aside, the judges both felt there was enough merit to warrant a trial and that’s where the case is currently headed.
What do you think? Comment and let us know.
Source: The Times
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