Disney Is Going To Trial For Using Peter Cushing's Likeness In ROGUE ONE: A STAR WARS STORY

Disney Is Going To Trial For Using Peter Cushing's Likeness In ROGUE ONE: A STAR WARS STORY

A long-running legal dispute between Disney and Tyburn Film Productions is going to trial, with the Mouse House being sued for using the late Peter Cushing's likeness in Rogue One: A Star Wars Story...

By MarkCassidy - Sep 11, 2024 02:09 PM EST
Filed Under: Star Wars
Source: Via SFF Gazette

A legal battle that has been brewing for years is now going to trial, with a High Court in London ruling that Tyburn Film Productions can proceed with their lawsuit against Disney/Lucasfilm for using the late Peter Cushing's likeness in 2016's Rogue One: A Star Wars Story.

The Gareth Edwards-directed movie - which went on to gross over $1 billion worldwide - featured the return of A New Hope's villainous Grand Moff Tarkin, with Industrial Light & Magic's advanced computer-generated technology used to "resurrect" the legendary actor for several scenes.

It was one of the first examples of a studio employing what's come to be known as "digital necromancy" to bring a deceased actor's character back to the screen, but far from the last, and it always results in a significant amount of backlash. Most recently, the late Ian Holm's likeness was used for an android in Alien: Romulus, and we also saw the spirit of Harold Ramis' Egon Spengler return in Ghostbusters: Afterlife.

In 2019, Tyburn Film Productions - which is run by one of Cushing's oldest friends, Kevin Francis - claimed that the company had entered into an agreement with the actor prior to his death, which would prevent the reproduction of his likeness through special effects without their consent. Disney has attempted to get the bid thrown out several times, but a judge has now ruled that the case will go to trial.

In his ruling, the judge said that while he was “far from persuaded” that Tyburn Film Productions would succeed in its claim, the case was not “unarguable” and a “full factual inquiry” was needed.

The trial will now take place at a later date.

What do you make of this development? How do you feel about actors' likeness being used in movies and TV shows after their deaths? Be sure to let us know in the comment section, and have a look at Tarkin's first scene from Rogue One below.

"Former scientist Galen Erso lives on a farm with his wife and young daughter, Jyn. His peaceful existence comes crashing down when the evil Orson Krennic takes him away from his beloved family. Many years later, Galen becomes the Empire's lead engineer for the most powerful weapon in the galaxy, the Death Star. Knowing that her father holds the key to its destruction, Jyn joins forces with a spy and other resistance fighters to steal the space station's plans for the Rebel Alliance."

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MisterBones
MisterBones - 9/11/2024, 2:01 PM
It’s open season on this deep fake AI bullshit
Clintthahamster
Clintthahamster - 9/11/2024, 2:36 PM
@MisterBones - They didn't use AI in Rogue One, but yes, [frick] all that noise. They should recast or move on.
EZBeast
EZBeast - 9/11/2024, 2:02 PM
Kick their asses Tyburn Film Productions!
Malatrova15
Malatrova15 - 9/11/2024, 2:09 PM
Can Crush the Cush
THEDARKKNIGHT1939
THEDARKKNIGHT1939 - 9/11/2024, 2:12 PM
Owned
Doomsday8888
Doomsday8888 - 9/11/2024, 2:24 PM
Hold your horses, bucko.
Did they check if he was subscribed to Disney+ in the past or maybe planned to do so in the future? That also counts.
Snow43214
Snow43214 - 9/11/2024, 3:31 PM
@Doomsday8888 - lmao, amazing, bravo
MaxPaint
MaxPaint - 9/11/2024, 5:30 PM
@Doomsday8888 - LMFAO!
AnthonyVonGeek
AnthonyVonGeek - 9/11/2024, 2:25 PM
Me anytime I hear someone is suing Disney…
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HistoryofMatt
HistoryofMatt - 9/11/2024, 2:26 PM
Man, I'm so happy I have this on 4K physical disc, because it's gonna suck for everyone who bought it digitally or only ever watch it on a streaming service and the judge orders all copies pulled.

I'll have a pristine copy of Rogue One forever. The only Disney Star Wars movie worth a s--t.
ItsNotForMeWahh
ItsNotForMeWahh - 9/11/2024, 2:29 PM
@HistoryofMatt - User Comment Image
HashTagSwagg
HashTagSwagg - 9/11/2024, 2:29 PM
TheyDont
TheyDont - 9/11/2024, 2:30 PM
This technology should be perfected, not persecuted.
Clintthahamster
Clintthahamster - 9/11/2024, 2:39 PM
@TheyDont - If an actor has consented, in writing, to their likeness being used, I'd say go for it. But digging up dead actors without their permission is pretty shitty.
EZBeast
EZBeast - 9/11/2024, 2:39 PM
@TheyDont - why? Because you want to keep seeing the same faces for that nostalgia dopamine rush? People live and then die. Remember them for who they were instead of bastardizing their likeness for a company's desire to milk that nostalgia and make money off of someone we dont even know would agree with their likenss being used. It shouldn't matter how much this person may have meant at 1 time. Let them rest in peace and use the footage of the past be enough to satisfy.
mountainman
mountainman - 9/11/2024, 2:42 PM
@clintthahamster - 100% agree. I don’t even think the family should be allowed to provide consent. The only way a person’s likeness should ever, during their life or afterwards, be used is with their express documented consent.
The1st
The1st - 9/11/2024, 3:25 PM
@TheyDont - As well as it's application. As...interesting as The Batman was, some of those volume shots remind me of an early Turok game.
Nightwing1015
Nightwing1015 - 9/11/2024, 3:29 PM
@clintthahamster @mountainman- I agree with that - but Cushing did sign his likeness away in a written document in 1977 - that's why its been used in all sorts of media like TV shows, video games and comics up until this point.
r1g0r
r1g0r - 9/11/2024, 5:54 PM
@TheyDont -
Yeah, but they STILL need permission.
TheVisionary25
TheVisionary25 - 9/11/2024, 2:36 PM
Interesting…

However if Cushing had an agreement (depends on if it was verbal or not) with Tyburn then how does that affect Disney which had no such thing with him and even got the approval of Cushing’s estate who consulted on it heavily?.

I’m not saying this “digital necromancy” is a good or bad thing because I can see both sides of it to an extent but just in regards to this case , it just seems like this production company is just trying to get a free pass to do this themselves instead of the owner trying to honor his late friends apparent wishes.

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harryba11zack
harryba11zack - 9/11/2024, 2:37 PM
good.
Clintthahamster
Clintthahamster - 9/11/2024, 2:41 PM
As jarring as Cushing's likeness was (not to mention Carrie Fisher's) I'd still take it over the wooden, dead-eyed deep fake bullshit they're using now. Make 'em work for it.
TheVisionary25
TheVisionary25 - 9/11/2024, 2:45 PM
@clintthahamster - I think it’s gotta better in that regard but the voice is the issue…

Luke’s for example now is so monotone which I guess works for him being a Jedi Master since he’s trying to emulate that but it’s limited hence them having not used him much.
EZBeast
EZBeast - 9/11/2024, 2:47 PM
@clintthahamster - how about just not using a dead actor and make a new character instead? Why the hell do we need a nostalgia reminder of a dead actor?
Clintthahamster
Clintthahamster - 9/11/2024, 3:37 PM
@EZBeast - My preference is always to recast existing characters and also tell new stories with new characters. But also, new Star Wars characters haven't been particularly well-received by certain corners of "fandom."
TheVisionary25
TheVisionary25 - 9/11/2024, 3:51 PM
@clintthahamster - that would be ideal but if you recast these iconic characters . Some aren’t gonna be happy about that either

Bottom line is someone will be pissed if you do anything lol
EZBeast
EZBeast - 9/11/2024, 3:55 PM
@clintthahamster - I agree with your desire as it is the same as mine when it comes to casting however just because the Fandom has issues with the new characters, mainly due to them being written and acted incredibly poorly, that shouldn't be reason enough to rely on using dead actors. I'd be willing to bet all of the Fandom would embrace well written and well acted new characters with good stories but even if not would relying on a cg version of someone actor portraying 1 character really be the ideal way to treat the series?
Clintthahamster
Clintthahamster - 9/11/2024, 4:34 PM
@EZBeast - "I'd be willing to bet all of the Fandom would embrace well written and well acted new characters with good stories"

Without wading into the recent unpleasantness, I think we can agree that fandom does not agree on what constitutes well written, well acted, and especially good stories. There's a pretty broad spectrum between folks that love all new Star Wars shows and movies, and those that will never like any of it, and neither end of the spectrum represents even a plurality of fans, much less a majority.
Clintthahamster
Clintthahamster - 9/11/2024, 4:36 PM
@TheVisionary25 - 100%. Like a great poet once said, "You can never please anybody in this world."
EZBeast
EZBeast - 9/11/2024, 5:16 PM
@clintthahamster - "Without wading into the recent unpleasantness, I think we can agree that fandom does not agree on what constitutes well written, well acted, and especially good stories."
I agree to the extent that they haven't received any for quite some time.

But before this becomes too personal on opinions of the Fandom the fact remains that it isn't a good, creative, or respectable decision to bring dead actors back as cg creations for companies to profit off of because they gotta milk what they can.
Clintthahamster
Clintthahamster - 9/11/2024, 5:29 PM
@EZBeast - "I agree to the extent that they haven't received any for quite some time."

And I disagree with the assertion that Star Wars fans haven't received any good stories in some time, but that's kind of my point. Neither of us wrong. You don't like recent Star Wars output, and I do. Where discussions like this lose me is when someone starts asserting that their tastes are objectively correct.

"it isn't a good, creative, or respectable decision to bring dead actors back as cg creations for companies to profit off of because they gotta milk what they can."

I would agree with that, but I wouldn't mind more stories with old characters. If you want to tell stories about Luke and Leia and Han, either recast, or, maybe better, let Filoni stand up another animated series, in the style of Clone Wars, Rebels, and Bad Batch, to tell those stories in depth. But yes, whether it's CG zombies, or soulless de-aged AI, it all sucks.
TheVisionary25
TheVisionary25 - 9/11/2024, 2:43 PM
It might have been best if they just used prosthetics & such on Guy Henry in Rogue One like they did with the actor who played him at the end of ROTS…

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You could have mix of prosthetics and CG to polish it up but oh well.
Itwasme
Itwasme - 9/11/2024, 2:44 PM
It'll be interesting to see what happens, but the judge sounds very skeptical anything will happen. They might just be pushing for a settlement to make the case go away, but doubt Disney will go that route because of the precedent it would set.
OptimusCrime
OptimusCrime - 9/11/2024, 2:51 PM
Kinda late isnt it?
TheVisionary25
TheVisionary25 - 9/11/2024, 2:53 PM
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Mrtoke
Mrtoke - 9/11/2024, 3:10 PM
just wondering but does the family of the deceased get the check if the likeness of an actor is used? even if they said they don't want to, does the family get the check? not saying they should be fine if so.. just wondering.
DudeGuy
DudeGuy - 9/11/2024, 3:36 PM

Got the chance to see some of the old Hammer Horror films last year. Fun stuff. Cushing and Lee were a great duo
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breakUbatman
breakUbatman - 9/11/2024, 3:45 PM
@DudeGuy - I grew up on an unhealthy dose of Hammer Horror and classic British Sitcoms. I agree with your statement 100%
Izaizaiza
Izaizaiza - 9/11/2024, 4:26 PM
@DudeGuy - yeah man! Great stuff!
TheOtherOn
TheOtherOn - 9/11/2024, 4:26 PM
@breakUbatman - No amount of dose is "unhealthy" for legendary shit like that!

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