Disney Hit With Lawsuit Over Its Use of Peter Cushing’s Likeness

Disney faces a legal battle over the digital resurrection of Peter Cushing in “Rogue One: A Star Wars Story.”

At a Glance

Disney has been sued for using Peter Cushing’s likeness as Grand Moff Tarkin in “Rogue One.”
The lawsuit was filed by Cushing’s friend, producer Kevin Francis, claiming lack of consent.
Disney paid €33,000 to Cushing’s estate, but Francis argues it was insufficient.
The case could have significant implications for use of deceased actors’ images in film.
The High Court in London denied Disney’s attempt to dismiss the case.

The Lawsuit: A Battle Over Digital Resurrection

Disney finds itself embroiled in a legal dispute over the digital recreation of Peter Cushing’s likeness in the 2016 film “Rogue One: A Star Wars Story.” The lawsuit, filed by Cushing’s friend and film producer Kevin Francis, claims that the late actor did not consent to the posthumous reproduction of his image. This case has brought to the forefront the complex issues surrounding the use of deceased actors’ likenesses in modern filmmaking.

At the heart of the dispute is a 1993 agreement signed by Cushing, which reportedly stated that his image could not be used without Francis’ permission. Disney, however, maintains that they acted within their rights, having paid Cushing’s estate €33,000 for the use of his likeness. The entertainment giant argues that they did not need additional permission due to Cushing’s original contract and the nature of special effects.

Disney has been sued for using Peter Cushing's likeness in #RogueOne pic.twitter.com/6zWNoleqRj

— Culture Crave 🍿 (@CultureCrave) September 10, 2024

Peter Cushing: A Legacy Resurrected

Peter Cushing, a beloved British actor, originally portrayed Grand Moff Tarkin in the 1977 Star Wars film. His performance as the cold and calculating Imperial officer left an indelible mark on the franchise. When “Rogue One” was produced, the filmmakers faced the challenge of including Tarkin in the prequel story, set just before the events of the original film.

To bring Tarkin back to the screen, Disney employed cutting-edge CGI techniques, with actor Guy Henry providing the body performance. The digital recreation was hailed by many as a technical marvel, seamlessly blending the new performance with Cushing’s iconic portrayal. However, the ethical implications of this digital resurrection have now come under scrutiny.

Legal Implications and Industry Impact

The High Court in London has denied Disney’s attempt to dismiss the case, with Judge Tom Mitcheson stating that a full investigation is required. This decision, while not necessarily indicating a likely victory for Francis, underscores the complexity of the issues at hand. The case could have far-reaching consequences for the film industry, potentially setting precedents for the use of deceased actors’ images in future productions.

As digital effects and AI tools become increasingly prevalent in filmmaking, the industry faces new challenges in balancing technological capabilities with ethical considerations and legal rights. Disney has previously used similar techniques with other actors, including Carrie Fisher in “Star Wars: The Rise of Skywalker” and an AI-generated James Earl Jones for a Disney+ Star Wars series.