Disney Faces Lawsuit Over Peter Cushing's Resurrection in Rogue One

Eight years later, a close friend of the British actor claims that he had vetoed the use of his image by AI.

Released in 2016, Rogue One: A Star Wars Story depicts the events leading up to the destruction of the Death Star and takes place between Episode 3 and Episode 4 of the intergalactic saga. The audience then discovered in a surprising way Peter Cushing, died in 1994 from cancer, in his iconic costume as Imperial Commander Grand Moff Tarkin, overseer of the Empire's space station, brought back from the dead thanks to special effects and innovative technology. Except that eight years later, Disney is at risk of being sued for this digital resurrection.

Producer Kevin Francis, a friend of the British actor, and his company Tyburn Film Productions have filed a lawsuit against the Hollywood giant, as well as the actor's estate and his agency Associated International Management, which is in charge of his inheritance, for using the artist's image even though the latter had objected. According to them, Peter Cushing signed an agreement with them some time before his death, stipulating that he refused to have his image used in special effects. At the time, Kevin Francis was considering making a filmA Heritage of Horrorwith him. Ultimately, the latter never saw the light of day.

According to the company, this agreement should also apply to Lunak Heavy Industries – which produced Rogue One – as well as LucasFilm – holder of the rights to Star WarsNeither company seemed to be aware that permission was required to recreate an image of an actor – especially when it was taken from the original film in which the actor appeared in 1977 and for which he was signed.

With a judge denying Disney's request to dismiss the case in December 2023, the studio will now have to go to court.

Twenty-two years after the death of Peter Cushing, and for the needs of the scenario, the teams of Rogue One decided to bring the actor back to life through technology. How, indeed, could they evoke the destruction of the Death Star without his supervisor? Thanks to casts of the actor's face and photos and videos taken from the previous opus, they were able to graft Peter Cushing's features onto his stunt double, Guy Henry, who had similar features to him. To understand the process, click here:

Rogue One: A Star Wars Story: A video reveals the resurrection of Tarkin

At the time, the producers paid the Cushing Estate around 33,000 euros. Moreover, he was not the only one to have been digitally recreated. Carrie Fisher, Princess Leia Organa, was rejuvenated thanks to the same technology. But unlike the actor who played Grand Moff Takin, she was still alive and had given her consent. These changes created controversy as soon as they were released in theaters. However, Rogue One was nominated for an Oscar for Best Special Effects.

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Today, new voices are speaking out against the use of their images by technology. Hollywood actors are warning of the dangers of artificial intelligence – or how their image and/or voice can be used without their permission. Robin Williams was one of the first, before his death in 2014, to sign a twenty-five-year ban on using his image.

Danny Glover also expressed his concerns about further use of his Lando character in Star Wars. In 2018, he told the New Yorker that his image was scanned by production and kept in the archives:

“This means that one day someone will be able to say: 'Hey let's make a new movie with Donald. He's been dead for 15 years, but that's okay, we can do whatever we want with him.'“

In another franchise, Samuel L Jackson has expressed similar concerns for Marvel. As for Tom Hanks, he was recently offended to see his image taken over by artificial intelligence for a dental advert for which he had absolutely not signed.

Regulation of AI use was at the heart of the demands of the striking actors last year. As a direct result, last month, the state of California passed a law requiring consent for the use of images of deceased artists in digital replicas.

So, James Earl Jones, the voice of Darth Vader who has just left ussigned a contract in 2022 with LucasFilm allowing studios to use his voice and develop it with artificial intelligence even after his death to dub his great character, so that the legacy continues.

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