Lucasfilm in trouble for recreating Peter Cushing's image in Rogue One: A Star Wars Story

In a report by The Times, Disney subsidiary Lucasfilm is caught up in a legal battle over its controversial recreation of the late actor Peter Cushing in Rogue One: A Star Wars Story.

The case, which continues to develop, focuses on the use of CGI technology to bring Cushing's character, Grand Moff Tarkin, back to life in the 2016 film, despite the actor's death in 1994.

The lawsuit was filed by Kevin Francis, a close friend of Cushing and owner of Tyburn Film Productions.

According to Francis, an agreement made in 1993 between him and Cushing granted him control over the late actor’s image and likeness. Francis claims that Lucasfilm, without seeking his authorization, digitally recreated Cushing's image in Rogue One, sparking a significant legal challenge that centers on the ethics and legality of using advanced visual effects to recreate deceased actors.

Lucasfilm, however, disputes these claims, arguing that Cushing's original contract for his role in Star Wars: Episode IV - A New Hope (1977) provided the necessary permissions to recreate his character through CGI.

Despite Lucasfilm's assertions, the legal battle took a significant turn on September 9, 2024, when a deputy High Court judge, Tom Mitcheson, ruled that the case should proceed to trial. Lucasfilm had previously attempted to dismiss the case on two occasions, citing the nature of special effects technology and its understanding of Cushing’s original contract.

The judge, however, found that the case raised complex questions about evolving digital rights, necessitating a full trial to determine the boundaries of these rights.

The Star Wars franchise spans multiple eras, having begun in 1977, and has featured actors at various stages of their careers. Through special effects, the series has digitally de-aged actors like Mark Hamill as Luke Skywalker. This technology has also been used to recreate the likeness of deceased actors for its films.

This includes Cushing's Tarkin as well as Carrie Fisher's Princess Leia. The actress died in 2016, after just two of the three Sequel Trilogy films had been filmed, and Disney used special effects alongside repurposed footage to include her in Star Wars: Episode 9 - The Rise of Skywalker.