Disney is facing a lawsuit over the use of Peter Cushing’s image in a Star Wars spin-off, more than 20 years after the actor’s death.
Tyburn Film Productions, a London-based company, is suing over the use of Cushing’s likeness in the 2016 film Rogue One: A Star Wars Story.
Cushing, who originally portrayed Grand Moff Tarkin, an imperial commander, in the 1977 Star Wars film, was brought back to life in Rogue One through special effects.
The filmmakers digitally altered actor Guy Henry, best known from Holby City, to resemble Cushing.
Tyburn Film Productions claims that the recreation of Cushing’s image in Rogue One violated a contract made with the actor before his death in 1994.
The company asserts that this agreement gave them the right to veto any digital reproduction of Cushing’s likeness using special effects.
Lawyers representing Tyburn previously argued that the contract was initially made for a TV film that never came to fruition.
On Monday, Deputy High Court Judge Tom Mitcheson KC ruled that the case should proceed to trial.
While the judge acknowledged that he was “far from persuaded” that Tyburn would win its case, he also noted that the claim was not “unarguable” and required a “full factual inquiry.”
Rogue One, which was nominated for two Academy Awards and grossed over $1 billion at the box office, is at the center of the legal dispute.
Tyburn claims that Lucasfilm and Lunak Heavy Industries, which were involved in the original Star Wars films, benefitted from “unjust enrichment” by using Cushing’s image without permission.
Cushing’s acting career spanned over six decades, and his role as Grand Moff Tarkin remains iconic.
Lucasfilm and Lunak Heavy Industries argue that they did not need special permission to use Cushing’s likeness because they believe they retained the rights to his image from the original 1977 film.
Their attempt to have Tyburn’s claim dismissed was rejected by a judge last December. They appealed this decision earlier this year, but the High Court has now ruled against their challenge, allowing the case to proceed to trial at a later date.