London-based film company Tyburn Film Productions is taking Disney to court over the use of Peter Cushing’s likeness in its films. Rogue One: A Star Wars StoryPeter Cushing, a famous horror film actor, played the key role of Governor Tarkin in the first film. Star Wars film, but unfortunately died on August 11, 1994. Industrial Light & Magic used groundbreaking CGI to bring Cushing back to life Rogue Oneusing actor Guy Henry as a digital double.
Every The TelegraphTyburn Films is taking legal action against Lucasfilm and producer Lunark Heavy Industries, claiming that the “copying” of Cushing’s image is a breach of a contract signed with the actor during his lifetime. Lawyers claim that the agreement was for Cushing to appear in a television movie that was never made, while Lucasfilm protested that they believed no permission was needed and that they owned the rights to use Cushing’s image from the original film. The High Court has now ruled that the matter should go to trial, although Judge Tom Mitcherson KC did not consider the case “Indisputable.“
What the Peter Cushing lawsuit means for Hollywood
It’s a question of ownership
Peter Cushing’s lawsuit has naturally reignited the thorny debate over reusing the faces of deceased actors. The debate is not new, as visual effects companies have been doing it for years; Marlon Brando’s appearance in The Avengers Superman Returns is a classic example, and Oliver Reed’s past shots are all for GladiatorThe issue has only become mainstream because the technology is becoming increasingly indistinguishable from the real thing (although Rogue One doesn’t exactly hide its “uncanny valley” issues).
Looking back at the Peter Cushing case, the issue was really one of copyright; whether Tyburn Films’ 1994 agreement really prohibited Lucasfilm from using Cushing’s likeness, effectively meaning they “owned” it in perpetuity. Moral considerations aside, ownership is always the primary legal question. The matter will now be resolved in court.
The ethics of Tarkin’s return remain questionable
Should We Resurrect the Dead?
There’s always a tendency to overstate the significance of any legal case. This lawsuit isn’t about a moral argument; it’s a simple question of ownership, and one that sounds thorny because of the nature of the contracts involved. More interesting, though, is whether it’s right for a studio to claim ownership of someone’s likeness after they die, let alone reproduce it.
After Carrie Fisher’s death, we saw how controversial these issues were, and Lucasfilm publicly pledged to honor Princess Leia’s legacy in Star Wars: The Rise of SkywalkerThis problem is not going away, especially now. Star Wars The movies and TV shows are expanding on the major conflict of the Empire at the time, and Leia is supposed to be a key figure in the New Republic. Should there be reenactments or CGI? Or should the narrative somehow cut Leia out of the story? The Mandalorian era?
This question is not new, of course, but I think the continued advancement of digital technology has made it particularly urgent. The uncanny valley effect is gradually disappearing, and CGI reproductions are becoming indistinguishable from the real thing. Rogue One: A Star Wars Story This is a crucial step in a journey that may not be wise.
Source: The Telegraph