The creators of Rogue One: A Star Wars Story are facing legal action about the image rights of Peter Cushing, the actor whose likeness was revived for the 2016 movie.
Cushing, who portrayed Grand Moff Tarkin in the 1977 film Star Wars: A New Hope, died of cancer in 1994.
After Cushing's death, Tarkin has been largely ignored in the Star Wars world, with the exception of a brief animated cameo in 2005's Revenge of the Sith and younger voiced versions of the character.
However, for the highly regarded prequel starring Felicity Jones and Mads Mikkelsen, it was decided to revive the role.
Guy Henry played Cushing's voice and body double, with the late, great actor's image being digitally recreated. A computer-generated portrayal of Carrie Fisher as a younger Princess Leia was also used in the same movie.
VFX supervisor John Knoll indicated in 2017 that Cushing would have approved the film Rogue One.
“We weren’t doing anything that I think Peter Cushing would’ve objected to. I think this work was done with a great deal of affection and care,” he told Yahoo Movies.
Why is legal action being taken over Kevin Francis’s Rogue One appearance?
Tyburn Film Productions, which is owned by Kevin Francis, one of Cushing's longest friends, is now asserting that the actor never granted anyone permission to replicate his appearance through special effects without his express consent.
Together, the two worked on several films, such as Legend of the Werewolf, The Masks of Death, and The Ghoul. He asserts that they came to an agreement in 1993, just before Cushing passed away, while they were getting ready to start work on an unfinished movie called A Heritage of Horror.
According to The Times, on Monday, September 9, the Disney company – which produced Rogue One and owns the rights to Star Wars after buying Lucasfilm – failed to have Francis's claims of "unjust enrichment" dismissed by the High Court.
Francis founded London-based agency Tyburn Film Productions and claims that it entered an agreement with Cushing shortly before his death that prevented the reproduction of his appearance through special effects without its consent.
It began legal action against Lunak Heavy Industries and Lucasfilm, which produced the original Star Wars films, in 2019, claiming they received “unjust enrichment” from using Cushing’s image in Rogue One without its permission.
Lucasfilms applied to have the claim struck out,, arguing that, because A New Hope was upgraded in 1997, they did not require permission to recreate Cushing's picture and that they paid his estate $37,000 (£28,454.97) to obtain permission to use his image.
Deputy High Court Judge Tom Mitcheson KC, stated in his written judgment “I am also not persuaded that the case is unarguable to the standard required to give summary judgment or to strike it out.”
He added. “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.”
Although he was "far from persuaded" that Tyburn Film Productions would prevail in its claim, the judge stated in his judgement that the issue was not "unarguable" and that a "full factual inquiry" was required. A full trial will be scheduled at a later time.
