Disney Faces Lawsuit Over CGI Resurrection of Deceased Actor in “Star Wars”

Disney faces a legal battle over the digital resurrection of a deceased actor in a Star Wars film, sparking debates on ethics and technology in Hollywood.

At a Glance

Disney is being sued for digitally recreating Peter Cushing’s likeness in “Rogue One: A Star Wars Story”
The lawsuit claims Cushing prohibited such use before his death in 1994
Disney argues they had permission from Cushing’s estate
The case raises ethical concerns about CGI use for deceased actors
The High Court has allowed the lawsuit to proceed to trial

Legal Battle Over Digital Resurrection

In a case that could reshape the future of digital rights in filmmaking, Disney finds itself at the center of a lawsuit over the use of CGI to bring back a deceased actor. The entertainment giant is being sued for digitally recreating the likeness of Peter Cushing, who passed away in 1994, for his role as Grand Moff Tarkin in “Rogue One: A Star Wars Story.” This legal challenge raises significant questions about the ethical and legal boundaries of using advanced technology to resurrect actors on screen.

The Plaintiff’s Claims

The lawsuit, initiated by Tyburn Film Productions, a London-based film company, alleges that Disney violated a contract made with Cushing before his death. Kevin Francis, a producer and one of Cushing’s oldest friends, claims that the actor explicitly stated his likeness could not be reproduced digitally without his authorization. The plaintiffs argue that they had a veto over the recreation of Cushing’s image with special effects, stemming from a contract for an unmade TV film.

A film producer is suing Disney for using Peter Cushing's likeness in a Star Wars film, 22 years after his death. https://t.co/eBKEDtdZQ4

— Euronews Culture (@euronewsculture) September 10, 2024

Disney’s Defense

Disney, along with its subsidiary Lucasfilm and Lunak Heavy Industries, contends that Cushing’s original contract did not require prior permission for such use. The company claims they later obtained permission from Cushing’s estate for a fee of approximately $36,000. Disney argues that the lawsuit, seeking damages of more than $650,000, is an attempt at “unjust enrichment” by the plaintiffs.

Ethical and Legal Implications

This case brings to the forefront the ethical concerns surrounding the use of CGI to recreate deceased actors. It raises questions about the extent to which an actor’s likeness can be used posthumously and the role of contracts that predate modern CGI technology. The outcome of this lawsuit could have far-reaching implications for the film industry, potentially setting precedents for how digital recreations are handled in the future.

The Court’s Decision

Despite attempts by Disney to have the case dismissed, the High Court has allowed the lawsuit to proceed. Deputy High Court judge Tom Mitcheson KC ruled that the case was not “unarguable” and required a “full factual inquiry.” This decision ensures that the complex issues surrounding digital rights and posthumous image use will be thoroughly examined in court.

Today is an important day for me–I am filing a lawsuit against @lucasfilm & @Disney

After my 20 years of building a career from scratch, and during the regime of former Disney CEO Bob Chapek, Lucasfilm made this statement on Twitter, terminating me from The Mandalorian: “Gina…

— Gina Carano 🕯 (@ginacarano) February 6, 2024

Broader Implications for Hollywood

The entertainment industry is closely watching this case, as its outcome could significantly impact how studios approach the use of CGI to recreate deceased actors. If the court rules in favor of the plaintiffs, it could lead to more stringent regulations and potentially limit the use of such technology. Conversely, a ruling in Disney’s favor might pave the way for more widespread use of digital recreations in future films.

Looking Ahead

As the trial date approaches, the film industry and legal experts alike are anticipating a landmark decision that could shape the future of digital rights in entertainment. The case underscores the need for clearer guidelines and updated contracts that address the rapid advancements in CGI technology. Regardless of the outcome, this lawsuit is likely to spark continued debate about the ethical use of technology in preserving and recreating performances of deceased actors.