As a lifelong Star Wars fan and someone who has seen every film multiple times, I find this ongoing lawsuit between Disney, Lucasfilm, and Tyburn Film Productions over the use of Peter Cushing’s image in Rogue One: A Star Wars Story to be both fascinating and disheartening.
Disney and Lucasfilm are facing a potential lawsuit regarding their use of Peter Cushing’s image in the 2016 film “Rogue One: A Star Wars Story.” Reports indicate that Tyburn Film Productions, a movie company based in London, has received permission from a judge to sue Disney. The claim is that they had an agreement with Cushing in 1994, which granted them the power to approve or reject any use of his image through special effects. In “Rogue One,” they used computer-generated imagery (CGI) to merge Cushing’s likeness onto a body double (Guy Henry from HBO’s “Rome”) in order to recreate Grand Moff Tarkin, the character originally played by Cushing in “Star Wars: A New Hope” (1977).
As stated by Tyburn’s legal team, it is claimed that Peter Cushing agreed to work with them due to complications regarding a TV movie he was initially set to produce with the studio, which ultimately failed. Tyburn’s lawsuit accuses Lucasfilm and Lunak Heavy Industries (a producer from the original Star Wars Trilogy) of unfair profit gained by using Cushing’s likeness as Tarkin in Rogue One, without obtaining necessary permission. Lucasfilm and Lunak have retorted that they did not breach their contract with Cushing, stating that Disney/Lucasfilm possesses the rights to Cushing’s image (as Tarkin), being part of owning the rights to the original Star Wars film.
Previously, Lucasfilm and Lunak attempted to have their case dismissed in court during December. However, this request was denied. The recent judgment by the judge also denies an appeal for dismissal that Lucasfilm and Lunak submitted following the initial rejection.
It’s worth mentioning that Deputy High Court Judge Tom Mitcheson KC didn’t find either party’s argument particularly compelling. He expressed that the case wasn’t as clear-cut as Lucasfilm and Lunak suggested, but he also made it clear he was not fully convinced by Tyburn Film Productions’ argument in these specific circumstances. Given this, it seems likely that the case will proceed to trial.
Use of celebrity likenesses has been a debated topic ever since film became the mainstream form of entertainment. Whether it’s recycling old or unused footage of dead actors, or using visual effects to recreate dead performers or finish their incomplete work, the reactions from viewers tend to be charged. Rogue One remains a hotly-debated film in the Star Wars Saga – and the decision to recreate both Cushing’s Grand Moff Tarkin and Carrie Fisher’s Princess Leia through CGI face-swapping is high on the list of reasons why.
Currently, creating deepfakes of celebrities has become a task that many people with access to a computer or smart device can accomplish, raising significant concerns among actors during the 2023 Hollywood Strikes. The ongoing legal battle over Star Wars’ use of Cusing’s likeness – who holds the rights and how it is utilized – could potentially set a significant precedent for future filmmaking.
Star Wars films like Rogue One can be streamed on Disney+.
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2024-09-12 00:09