Disney and subsidiary Lucasfilm are being sued for the allegedly-unauthorized use of actor Peter Cushing's likeness in a 2016 Star Wars film.
For "Rogue One," released in December 2016, Disney's Lucasfilm resurrected Cushing 22 years after his death to reprise his role as evildoer Grand Moff Tarkin. The studio reconstructed old footage from his appearance in the 1977 Star Wars original "A New Hope."
Cushing died in 1994 at age 81 from prostate cancer but allegedly signed an agreement the year before.
As reported by the Times, the actor signed an agreement that his likeness could not be used without the expressed permission of his friend and movie producer Kevin Francis. The agreement was apparently signed while the two were preparing to make a made-for-TV movie that was never completed.
Disney claimed however, that it did not believe permission was required to recreate Cushing due to the terms of his contract from his original appearance, as it pertains to the use of special effects.
Disney was reportedly contacted by Cushing's agent, who facilitated a payment to the actor's estate in the amount of £28,000, or just under $37,000.
'In an area of developing law it is very difficult to decide where the boundaries might lie.'
Francis is seeking $650,000 in damages, Futurism reported, after a judge in the English High Court has allowed the lawsuit to continue. Disney attempted to dismiss the case in December 2023 but was denied by Master Francesca Kaye, who said it should go to trial.
Judge Tom Mitcheson also denied Disney's appeal and said he was "far from persuaded" that Francis would succeed but added that his case was not "unarguable."
"I am also not persuaded that the case is unarguable to the standard required to give summary judgment or to strike it out," the judge said. "In an area of developing law it is very difficult to decide where the boundaries might lie in the absence of a full factual enquiry."
The lawsuit also named Cushing's estate and his former representation, Associated International Management, as defendants.
The Star Wars studio has, of course, used the likeness of other actors since their passing, including Carrie Fisher, who played Princess Leia. The actress died in 2016 but appeared in "Star Wars: The Rise of Skywalker" using previously unused footage.
Lucasfilm has also digitally aged down still-living star Mark Hamill for his subsequent Luke Skywalker appearances.
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