Disney and Lucasfilm are facing a formal lawsuit in the UK over using the likeness of late actor Peter Cushing in their 2016 film Rogue One, part of the Star Wars franchise. A friend of Cushing has alleged that Disney did not have the necessary permission to use Cushing’s likeness in the film. The actor, who played Grand Moff Tarkin in the original Star Wars trilogy, had passed away in 1994.
A report in The Times states that the plaintiff Kevin Francis is suing Lucasfilm through his film company Tyburn Film Productions. They have also brought charges against Rogue One producer Lunak Heavy Industries, the late executors of Cushing's estate, and Cushing's agency Associated International Management.
Franics has claimed that he made an agreement with Cushing in 1993, one year before his death, which gives him the right to give authorization for any use of the actor’s likeness. Disney has argued that they didn’t think they needed any permission due to Cushing’s original contract for the Star Wars films in 1977. The company also said that it paid around $37,000 to Cushing's estate after being contacted by his agent about the recreation.
Disney has tried to have this case dismissed earlier too but failed both the times. On September 9, deputy High court judge Tom Mitcheson dismissed the appeal, stating the case should go to trial. "I am also not persuaded that the case is unarguable to the standard required to give summary judgment or to strike it out," he said.
Cushing famously played the antagonist Grand Moff Tarkin in Star Wars (1977). Rogue One, released in 2016, was made as a standalone prequel to Star Wars and included cameos from Carrie Fisher and James Earl Jones, reprising their roles as Princess Lea and Darth Vader respectively. Cushing’s likeness was used through VFX and CGI to recreate Tarkin in a couple of scenes in the film.
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