In a significant legal victory for the entertainment giant, Disney's subsidiary Lucasfilm has successfully defended itself in a London court against a lawsuit concerning the digital recreation of a late actor for a Star Wars film.
Court Dismisses Claim Over Actor's Digital Likeness
The legal battle centred on the use of actor Peter Cushing's likeness in the 2016 Star Wars spinoff film "Rogue One: A Star Wars Story". Cushing, who passed away in 1994, was digitally recreated to reprise his iconic role as Death Star commander Grand Moff Tarkin, a character he originally played in the 1977 classic "Star Wars".
A British production company, Tyburn Film Productions, initiated the lawsuit. They claimed that a 1993 agreement with Cushing for a television film granted them the exclusive right to be the first to "resurrect" the actor using visual effects. Tyburn alleged that Lucasfilm's use of this technology in Rogue One constituted unjust enrichment and caused them a loss of approximately 250,000 pounds (about $333,725).
Judge's Ruling: No Property Transferred
However, the London High Court, specifically Judge Sue Carr, ruled in favour of Lucasfilm and another Disney subsidiary, Lunak Heavy Industries, on Thursday, December 18. The judge stated a crucial point of law: "it is impossible to identify anything at all that belonged to Tyburn which can be said to have been transferred" to the Disney companies.
This meant the core claim of unjust enrichment could not stand, leading to the dismissal of the case. Lucasfilm and Lunak had argued from the outset that the case was without merit and had previously attempted, unsuccessfully, to have it thrown out twice before this final appeal.
Implications for the Film Industry and Digital Effects
This ruling has broader implications for the film industry, especially as the use of CGI and deepfake technology to recreate deceased performers becomes more prevalent. The Star Wars franchise, which has generated over $5 billion in global ticket sales since 1977, continues to explore such narrative techniques in its ongoing productions and spinoffs.
The court's decision underscores the complex legal landscape surrounding posthumous digital performances and intellectual property rights. For now, it provides a precedent that favours creative studios in similar disputes over the use of a deceased individual's likeness, provided no pre-existing contractual right is violated.
Lucasfilm has not issued an immediate public comment following the court's verdict. The case highlights the evolving intersection of law, technology, and cinema in the digital age.
