Peter Cushing’s likeness as Wilhuff Tarkin in 2016’s Rogue One: A Star Wars Story is being challenged by Tyburn Film Productions, owned by Cushing’s friend Kevin Francis, who are suing Lunak Heavy Industries, the company created by Disney/Lucasfilm to create the film.
Peter Cushing is most widely known for his appearance in the original 1977 Star Wars film as Grand Moff Tarkin. The imposing British actor’s gravitas in the role made him a fan favourite and when Disney produced Rogue One: A Star Wars Story, a prequel to the events of the 1977 film, he was an obvious character to bring back.
Cushing died in 1994 aged 81, so Disney digitally resurrected the character by using CGI to put Cushing’s face on body double actor Guy Henry in 2016.
Now, the film producer and friend of Cushing, Kevin Francis, has filed a legal challenge against the Disney Group for digitally resurrecting the actor’s likeness. Francis’ suit claims that actor had not agreed for anyone to reproduce his appearance without his permission.
Yesterday, the Disney Group failed to have this claim thrown out by the High Court in London, where Francis filed the suit.
Francis’ company, Tyburn Film Productions, is not just suing Disney, but also Lucasfilm, which owns the rights to the Star Wars franchise, Lunak Heavy Industries, which produced Rogue One, and Cushing’s agency and estate’s now-deceased executors.
In 2016, Disney did not believe that it required permission to recreate Cushing’s performance due to the terms in the contract for the 1977 film. Then, the production company paid Cushing’s estate around €33,000 for the use of his appearance.
Arguing against this, Francis has a signed agreement by the actor from 1993 when the pair were making the television film A Heritage of Horror that says Cushing’s image was not allowed to be used without Francis’ permission.
On this basis, the High Court denied Disney’s application to dismiss the case on Monday. Judge Tom Mitcheson noted that he is not “persuaded” that Francis will win his case, but that he was “also not persuaded that the case is unarguable to the standard required to give summary judgement or to strike it out.”
“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.”
We will be watching the story closely.
