A friend of the late Peter Cushing is suing Disney subsidiary Lucasfilm for their CGI recreation of Cushing in “Rogue One,” 22 years after the actor’s death.
According to The Times, film producer Kevin Francis claims Cushing gave Francis control over his image in 1993 when he was preparing to film the TV series “A Heritage of Horror,” which was never completed. Cushing died of cancer at the age of 81 in 1994. Francis claims his permission is required for Cushing’s image to be recreated with special effects.
Cushing portrayed Grand Moff Tarkin, one of the villains of the first “Star Wars” film, “Episode IV – A New Hope” (1977). For “Rogue One: A Star Wars Story,” Guy Henry acted as a body double for Cushing. Lucasfilm used special effects to turn Henry into Cushing. “Rogue One” was released by Disney in 2016.
Francis’ Tyburn Film Productions is suing Lucasfilm and Lunak Heavy Industries, which produced “Rogue One,” for “unjust enrichment.” He’s seeking less than £500,000. Francis also brought claims against the executors of Cushing’s estate, who have both passed, and Associated International Management, the agency that represented Cushing.
Disney did not believe they needed permission to reproduce Cushing’s image because of the terms of Cushing’s original “Star Wars” contract. During the production of “Rogue One,” they did pay Cushing’s estate approximately £28,000 for the use of his image after Cushing’s agent contacted them.
Lucasfilm claims there is no arguable case for “unjust enrichment” and, even if there was, they would be a “bona fide purchaser for value” of the rights to Cushing’s image.
Disney failed to have Francis’ claims dismissed at the High Court in London on Monday. Judge Master Francesca Kaye previously denied Disney’s application to dismiss the case and ruled it should go to trial.
Judge Tom Mitcheson upheld Kaye’s ruling. He said he was “far from persuaded” that Francis would win but that “I am also not persuaded that the case is unarguable to the standard required to give summary judgment or to strike it out.”
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