Legal claim over ‘resurrected’ Star Wars actor ‘should be thrown out’
A legal battle over the digital resurrection of actor Peter Cushing Star Wars side movie Bandit One It reached the Court of Appeal, with the film companies arguing the claim should be dismissed.
Tyburn Film Productions is taking legal action against Disney-owned Lunak Heavy Industries (UK) Ltd. Rogue One: A Star Wars StoryConcerning the use of Cushing’s likeness.
Cushing became known for his portrayal of imperial commander Grand Moff Tarkin in 1977’s. Star Wars: Episode IV – A New HopeHe passed away in 1994. However, following an agreement between Lunak and the administrators of Cushing’s estate in 2016, his character was brought back to the screen in the 2016 film with enhanced special effects.
In 2019, Tyburn took legal action against Lunak and Lucasfilm, the studio behind the original Star Wars saga, alleging “unjust enrichment” resulting from the use of Cushing’s image on TV. Bandit One without their consent.
The company claims it signed a “letter agreement” with Cushing in 1993 that prohibited reproducing his appearance with special effects without Tyburn’s express permission.
Lunak and Lucasfilm dispute that claim, having previously told the Supreme Court that they believed no such consent was required under the terms of Cushing’s original contract. A New Hope.
Two previous judicial decisions rejected attempts by Lunak and Lucasfilm to have the case dismissed before a full hearing. The companies then took the matter to the Court of Appeals on Wednesday.
Edmund Cullen KC, representing the defendant companies, said in its written defense that Tyburn’s case was “legally unsustainable” and “beyond all reasonable argument”.
He stated: “A case such as the present does not involve any enrichment of the appellants at the expense of the plaintiff.”
In court Mr Cullen explained: “(Cushing’s executors) did not give us anything to which the plaintiff had some contractual right. The plaintiff was not contractually entitled to the license granted to us.”
Mr Cullen also suggested that although both the 1993 and 2016 agreements were broadly “related to the right to resurrect Peter Cushing” they were not “co-ordinated”.
Bandit OneIt was the highest-grossing film in the United Kingdom in 2016 according to the British Film Institute, earning two Academy Award nominations.
Cushing, who has died of cancer at the age of 81, was digitally recreated in the film by altering actor Guy Henry’s appearance.
Mr. Cullen said Lunak and Lucasfilm “did not believe that a license was needed” to replicate Cushing’s image, but that Lunak nevertheless secured an agreement with the executors of his estate, providing “any approval that may be necessary in exchange for a significant payment.”
The companies first sought a pre-trial ruling in their favor in 2023, arguing that “the enrichment relied upon by the plaintiff does not exist.” However, Judge Francesca Kaye rejected this application in December of the same year.
High Court deputy judge Tom Mitcheson KC dismissed an appeal against Judge Kaye’s decision in September last year.
In his judgment, Judge Mitcheson concluded that although he was “far from convinced” that Tyburn would ultimately succeed, the case was not “undisputed” and required a “full factual investigation”.
Tom Moody-Stuart KC, representing Tyburn, argued in written submissions for Wednesday’s hearing that the company’s rights were “unique and of significant value” and that “justice requires that the claim be prosecuted.”
He argued that in 1993 Tyburn and Cushing agreed that they would not allow Cushing “to participate in whole or in part in any film or program in which Mr. Cushing appears” without Tyburn’s permission, which he “has the right to withhold in his absolute discretion.”
Mr Moody-Stuart also stated that Cushing agreed that his beneficiaries and executors would be bound by the letter agreement which gave Tyburn “the right to be the first to ‘resurrect’ Mr Cushing through visual effects”.
He argued: “The express intention of the parties was that the defendant be allowed to ‘go first’ in ‘resurrecting’ Mr. Cushing and actively prevent others by Mr. Cushing or the estate from doing the same.”
Mr Moody-Stuart concluded: “If there is any doubt as to what exactly the rights afforded to the defendant entail, then this makes a case in favor of allowing the claim to proceed to trial, where such issues can be determined in the round.”
The hearing, chaired by Lady Chief Justice Baroness Carr, Lord Justice Birss and Lord Justice Zacaroli, is scheduled to conclude on Wednesday.
