Tyburn Film Productions, a film company based in London, is pursuing legal action against Disney concerning the use of Peter Cushing’s likeness in *Rogue One: A Star Wars Story*. The renowned horror actor, Peter Cushing, played the significant role of Grand Moff Tarkin in the original *Star Wars* film, but he passed away on August 11, 1994. To replicate Cushing’s presence in *Rogue One*, Industrial Light & Magic employed pioneering CGI, with actor Guy Henry serving as a digital body double.
According to The Telegraph, Tyburn Film Productions has initiated a lawsuit against Lucasfilm and their producers, Lunak Heavy Industries, asserting that the “reproduction” of Cushing’s image breached a contract made with the actor before his death. Their legal representatives argue that the contract was for Cushing’s planned appearance in a television film that was never produced. Lucasfilm maintains they believed no additional permission was necessary, as they hold the rights to use Cushing’s image from the original film. The High Court has determined that the issue merits a trial, although Judge Tom Mitcheson KC did not find the case to be without merit.
Implications of the Peter Cushing Lawsuit for Hollywood
#### A Matter of Ownership
The lawsuit involving Peter Cushing inevitably rekindles the complex discussion surrounding the reuse of deceased actors’ likenesses. This debate is not entirely new, as visual effects companies have practiced this for years; Marlon Brando’s inclusion in *Superman Returns* is a notable example, and Oliver Reed’s past footage was pieced together for *Gladiator*. The topic is becoming more prominent because the technology increasingly mirrors reality, although *Rogue One* did not entirely escape the “uncanny valley” effect.
10 Actors Brought Back From The Dead With CGI
In examining the Peter Cushing case, the central issue is one of copyright: whether the 1994 agreement Tyburn Film Productions claims to have prohibits Lucasfilm from using Cushing’s likeness, essentially granting them perpetual ownership. Legal ownership remains the primary issue, regardless of ethical considerations, and will now be resolved in court.
#### The Ethical Debate on Reviving Characters
##### Is It Right to Resurrect the Deceased?
While there is often a tendency to exaggerate the significance of any legal case, this lawsuit focuses on the question of ownership, particularly due to the complex nature of the contracts involved. More intriguing, however, is the ethical question of whether studios should hold rights over a person’s likeness posthumously, much less reproduce it.
The controversy surrounding such practices was evident following the death of Carrie Fisher, with Lucasfilm vowing to treat Princess Leia’s role in *Star Wars: The Rise of Skywalker* with respect. This issue will persist, especially as *Star Wars* films and TV shows continue to explore major Imperial conflicts during a period when Leia was pivotal in the New Republic. Should studios opt for recasting or CGI, or should the storyline adapt to exclude Leia during the era of *The Mandalorian*?
This challenge is not unprecedented, but it is the ongoing advancement of digital technology that has heightened its urgency. The gap of the uncanny valley is narrowing, making CGI recreations almost indistinguishable from reality. *Rogue One: A Star Wars Story* marked a significant milestone on a path that may not be entirely prudent.
Source: The Telegraph
Rogue One: A Star Wars Story
Set in the weeks leading up to Star Wars: Episode IV - A New Hope, Rogue One: A Star Wars Story provides additional context for the Rebellion's plan to destroy the Death Star. Rogue One follows Jyn Erso (Felicity Jones) as she enlists the help of Rebel Cassian Andor (Diego Luna) to locate her father, Galen Erso (Mads Mikkelsen), after the Empire kidnaps him.
