Star Wars: Disney Getting Sued for Peter Cushing's Appearance in Rogue One

Disney and Lucasfilm are facing a formal lawsuit over Rogue One: A Star Wars Story's use of late actor Peter Cushing's likeness.

By Kofi Outlaw

Disney and Lucasfilm have a new lawsuit headed their way, over their use of late actor Peter Cushing's image in the Star Wars spinoff film Rogue One: A Star Wars Story, back in 2016. According to reports, London-based film company Tyburn Film Productions has gotten a judge's formal ruling to take legal action against Disney, citing a deal they allegedly signed with Cushing in 1994, which gave them veto rights over the recreation of his image using special effects. Rogue One did just that, by using CGI to face-swap Cushing's likeness onto a body double (HBO's Rome actor Guy Henry) in order to recreate Grand Moff Tarkin, the role Cushing played in Star Wars: A New Hope (1977).

According to the legal team representing Tyburn, Cushing made the deal with them due to a situation with a TV movie that Cushing was going to do with the studio until the project fell apart. Tyburn's suit alleges that Lucasfilm and Lunak Heavy Industries (a producer on the original Star Wars Trilogy) got "unjust enrichment" from having Rogue One feature Cushing's likeness as Tarkin, without proper permission. Lucasfilm and Lunak have countered that they did not believe that the terms of the contract between Cushing and Tyburn weren't violated by the way his likeness was used in Rogue One, arguing that Disney/Lucasfilm owns the rights to Cushing's image (as Tarkin), as part of owning the rights to the original Star Wars film. 

Lucasfilm and Lunak already tried to get the case dismissed in court in December of last year, but were rejected. This latest ruling from the judge is also a rejection of the appeal for dismissal that Lucasfilm and Lunak made after having the initial dismissal claim rejected.

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(Photo: Disney / Lucasfilm)

 It should be noted that deputy High Court Judge Tom Mitcheson KC didn't view either side as having an especially strong case. The judge stated that case was not as "unarguable" as Lucasfilm and Lunak wanted to claim; but he was also "far from persuaded" that Tyburn Film Productions had a case that could be one, in these circumstances. The case will now presumably head to trial. 

Use of celebrity likenesses has been a debated topic ever since film became the mainstream form of entertainment. Whether it's recycling old or unused footage of dead actors, or using visual effects to recreate dead performers or finish their incomplete work, the reactions from viewers tend to be charged. Rogue One remains a hotly-debated film in the Star Wars Saga – and the decision to recreate both Cushing's Grand Moff Tarkin and Carrie Fisher's Princess Leia through CGI face-swapping is high on the list of reasons why. 

Now, AI has made celebrity deep-fakes a feat almost anyone with a computer or smart device can pull off – which was a major concern for actors during the 2023 Hollywood Strikes. This case over Star Wars' use of Cusing's likeness – who owns it, how it's used – could end up being a pretty pivotal one for the future of movie-making. 

Related:

Star Wars films like Rogue One can be streamed on Disney+. 

Source: Telegraph (UK) 

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