Lucasfilm Sued Over Peter Cushing Digital Likeness Recreation in STAR WARS: ROGUE ONE

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As someone who has spent countless hours immersed in the fascinating world of cinema and its intricate complexities, I find myself deeply intrigued by this ongoing legal saga surrounding Peter Cushing‘s digital resurrection in Star Wars: A Rogue One Story.

The issue of recreating the likenesses of dead actors is certainly one that is on the minds of many in the entertainment industry. In the most recent Alien: Romulus movie, for instance, the digital recreation of Ian Holm caused quite a bit of controversy. As AI becomes increasingly popular and technology improves, the idea that actors could be resurrected digitally for complex scenes has become a practical reality. Of course, given the newness of this particular ability, the legal practicalities are still catching up. And now, it seems a new court case regarding a familiar instance of likeness recreation is set to address the issue. Film producer Kevin Francis is suing Lucasfilm (and, by proxy, Disney) over the reproduction of Peter Cushing’s image in Star Wars: A Rogue One Story. In the film, the deceased actor was digitally resurrected to take a post-humous turn as Grand Moff Tarkin.

In this situation, Kevin Francis, a longtime acquaintance of Peter Cushing, alleges that he has a binding contract with Cushing stating that the actor would not allow any party to recreate his likeness using special effects without Francis’ consent first. Consequently, Francis is taking legal action against Lucasfilm and Lunak Heavy Industries (UK), charging them for “unfair profit” and demanding compensation of under £500,000.

Based on a report from The Times, Peter Cushing agreed in 1993 that his likeness could not be used without Francis’s approval. At the time, they were collaborating on a TV movie titled “A Heritage of Horror,” but it appears this project was never completed.

Despite Disney’s attempt to dismiss the case regarding Peter Cushing’s digital likeness in “Rogue One” through the High Court in London, their petition was unsuccessful. Judge Master Francesca Kaye initially declined Disney’s request to dismiss the case last year, and this week, Judge Tom Mitcheson confirmed her decision. He expressed doubt that Francis would win the lawsuit but also stated that the case wasn’t without merit. Judge Mitcheson further mentioned that due to the developing nature of the law in this area, it was challenging to set boundaries without a thorough investigation into the facts. Consequently, it appears that this legal dispute over Peter Cushing’s CGI portrayal in “Rogue One” will carry on.

Disney/Lucasfilm argues they have the authority to recreate Peter Cushing’s CGI image and digital persona in their productions. According to reports, they assert that they didn’t need permission because of the terms of his contract for the original film and the specifics of the special effects used. Moreover, Disney paid approximately £28,000 to Cushing’s estate for using his image in “Rogue One”. Consequently, Disney maintains there is no instance of unfair profit, as they are considered the legitimate buyer who paid for the rights to Cushing’s likeness and digital revival.

Of course, how one can judge the worth, cost, and ownership of dead person’s image is quite a complex question. But we’ll cross our fingers that as time goes on, there will be clearer pathways to establish this in the law, ones that respect the humanity of those who have passed away. The California senate recently passed a law requiring consent “for the use of dead performers’ likenesses for AI-created digital replicas.” And we can only hope to see more legal precedents established on such matters. For now, we’ll have to wait and see what happens with his lawsuit over Peter Cushing in Star Wars: A Rogue One Story and how it might impact future cases.

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2024-09-11 21:02