Disney and its subsidiary Lucasfilm are being sued for allegedly using actor Peter Cushing's likeness without permission in the 2016 Star Wars films.
For Rogue One, released in December 2016, Disney's Lucasfilm brought Cushing back to reprise his role as villain Grand Moff Tarkin 22 years after his death, using recreated footage of Cushing's appearance in the 1977 original Star Wars film, A New Hope.
Cushing reportedly signed the contract the year before his death from prostate cancer in 1994 at the age of 81.
According to reports, TimesThe actor signed a contract not to use his likeness without the express permission of his friend, film producer Kevin Francis, and the agreement was apparently signed when the two were preparing to make a TV movie that was never completed.
But Disney argued that because of the terms of its contract regarding the use of special effects, it did not need permission to recreate Cushing's original appearance.
Disney was reportedly contacted by Cushing's representatives and has arranged to pay just under £28,000 (around $37,000) to the actor's estate.
“In a developing area of law, it's very difficult to determine where the boundaries are.”
Francis is seeking $650,000 in damages. Futurism The report comes after a UK High Court judge allowed the lawsuit to continue. Disney tried to have the case dismissed in December 2023, but Judge Francesca Kaye rejected that, saying the case should go ahead to trial.
Judge Tom Mitcheson also dismissed Disney's appeal, saying he had “no confidence” that Francis would succeed, but added that his case was not “arguable”.
“I also do not believe that this case is unarguable under the standards necessary to grant or dismiss summary judgment,” the judge wrote. “In an area of evolving law, it is very difficult to determine where the boundaries are without a thorough factual investigation.”
The lawsuit also names Cushing's estate and his former agent, Associated International Management, as defendants.
Of course, the Star Wars studio has used the likenesses of other actors after their deaths, such as Carrie Fisher, who played Princess Leia. The actress passed away in 2016, but appeared in Star Wars: The Rise of Skywalker using previously unused footage.
Lucasfilm also digitally de-aged surviving star Mark Hamill for his subsequent casting as Luke Skywalker.
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