Disney sued over use of dead actor’s pictures in Star Wars spin-off

Disney is being sued over the use of an image of Peter Cushing in a Star Wars spin-off more than 20 years after his death.

Tyburn Film Productions, a London-based film company, is taking legal action over the use of the actor’s image in the 2016 blockbuster Rogue One: A Star Wars Story.

Cushing’s character in the original 1977 Star Wars film, Grand Moff Tarkin, the imperial commander, was resurrected in the spin-off by altering the appearance of Guy Henry, the former Holby City actor, using special effects.

Tyburn Film Productions alleges that Cushing’s SFX image “reproduction” in Rogue One violated a contract made with the actor before his death in 1994.

It claims its deal with Cushing gave the company a veto over the recreation of his image with special effects.

Lawyers for the film company previously claimed the agreement had been made for Cushing’s intended appearance in a TV film that was never made, The Times reported.

Now in a ruling on Monday, Tom Mitcheson KC, the deputy High Court judge, said that the case should go to trial.

The judge said the case was not “unarguable” and a “full factual inquiry” was needed – despite being “far from persuaded” that Tyburn Film Productions would succeed in its claim.

Rogue One was nominated for two Academy Awards and grossed over $1 billion (£763 million) at the box office.

Tyburn Film Productions claims that Lunak Heavy Industries and Lucasfilm, which produced the original Star Wars films received “unjust enrichment” from using Cushing’s image in Rogue One without its permission.

Lucasfilm and Lunak Heavy Industries have claimed they did not believe permission was needed to recreate Cushing’s image under the terms of his contract for the 1977 film.

They’ve argued that they owned the rights to use Cushing’s image from the original movie.

Their bid to have Tyburn Film Productions’ claim thrown out was rejected by a judge last December. They launched a challenge at a hearing in London earlier this year. That appeal has now been rejected by the High Court.

The trial will now take place at a later date.