Disney is facing a legal battle over its decision to use of digital technology to bring Peter Cushing’s character, Grand Moff Tarkin, back to life in “Rogue One.”
Cushing, who originally portrayed the nefarious Imperial commander in 1977’s “A New Hope,” passed away in 1994. Despite his death, Disney, through its subsidiary Lucasfilm, used old footage and advanced CGI to recreate his likeness, allowing Cushing to reprise his role 22 years after his passing.
Kevin Francis, the producer behind the legal action, claims that Cushing had made it clear that no one should digitally reproduce his image without his express consent. However, Disney proceeded with the recreation, allegedly bypassing Cushing’s wishes. In addition to Disney, Francis’ production company Tyburn Films is suing Lucasfilm, the now-deceased executors of Cushing’s estate, and Associated International Management, the agency that represented Cushing until his death.
Disney has responded by defending its actions, telling the United Kingdom’s High Court that it had secured permission through a deal with Cushing’s agent, paying approximately $36,000 for the rights to recreate his likeness. According to Disney, Cushing’s contract did not require additional approval for such use.
While Disney is seeking to have the lawsuit dismissed, the High Court has allowed Francis’ claim to move forward. Disney has also accused Francis of seeking “unjust enrichment” with his demand for damages exceeding $650,000.
The legal dispute remains ongoing, but as the British court system is more private, further details about the case may only emerge if Disney faces a legal defeat. The timing of Francis’ lawsuit is also unclear, as “Rogue One” was released nearly eight years ago.
