Disney and Lucasfilm Sued Over the Use of Peter Cushing’s Likeness in ‘Rogue One: A Star Wars Story’
Eight years after Lucasfilm used the late Peter Cushing’s likeness in Rogue One: A Star Wars Story, film producer Kevin Francis is suing both the studio and Disney.
For those who don’t remember, Lucasfilm digitally resurrected Cushing as Grand Moff Tarkin 22 years after the actor passed away in 1994.
To bring Cushing’s iconic Star Wars character back to life, Lucasfilm used CGI to superimpose the actor’s likeness on actor Guy Henry. While including Tarkin made sense from a story sense, the decision to use Cushing’s likeness proved to be divisive.
Photo: Lucasfilm
Now, Francis is suing Disney, claiming that Cushing never agreed to allow his likeness to be reproduced.
The ‘Rogue One’ Team Said Cushing’s Estate Approved
In 2017, Rogue One’s visual effect supervisor, John Knoll, defended using Cushing’s likeness, asserting that the actor would have approved.
“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 said.
Photo: Lucasfilm
“We know that Peter Cushing was very proud of his involvement in Star Wars and had said as much. And that he regretted that he never got a chance to be in another Star Wars film.”
Additionally, Knoll said that the Cushing estate had agreed to the idea.
Image: Lucasfilm
“This was done in consultation and cooperation with his estate. So we wouldn’t do this if the estate had objected or didn’t feel comfortable with this idea.”
Francis Said That He Needed to Approve the Use of Cushing’s Likeness
According to Francis, however, Cushing signed an agreement in 1993. Per that contract, the actor’s likeness was not to be used without his friend’s permission.
The producer is suing not only Disney and Lucasfilm but also Lunak Heavy Industries (which produced Rogue One), Cushing’s agency, and his estate’s now-deceased executors.
Photo: Lucasfilm
In court, Disney attempted to dismiss the case, arguing that it did not believe it required permission to use Cushing’s likeness because of the terms of a contract he signed for Star Wars: A New Hope. Eventually, the company paid Cushing’s estate a fee.
The Case Will Continue
Based on Francis’ alleged agreement, Judge Tom Mitcheson rejected Disney’s bid to dismiss the case.
Photo: Disney
While noting that he was not “persuaded” that Francis would win the case, he also stated that he was “also not persuaded that the case is unarguable to the standard required to give summary judgment 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 inquiry,” Judge Mitcheson ruled.
Peter Cushing’s likeness was used in ‘Rogue One’. Photo: Lucasfilm
While it looks unlikely that Francis will win his case, the way the suit is adjudicated could impact how studios use likenesses going forward.
