Peter Cushing’s Star Wars resurrection at centre of legal battle

Peter Cushing’s resurrection 22 years after his death for the spin-off film Rogue One: A Star Wars Story is at the centre of a legal battle over control of his image.

Special effects were used to digitally recreate Cushing’s character, Grand Moff Tarkin, from the original Star Wars film.

The makers of Rogue One are being sued by a film producer who was one of Cushing’s oldest friends. Kevin Francis claims the actor agreed not to grant permission for anyone to reproduce his appearance through special effects without his authorisation.

The Disney group, which made Rogue Onefailed on Monday to have Francis’s claim for “unjust enrichment” dismissed at the High Court in London.

Rogue Onestarring the British actress Felicity Jones, is set shortly before the events shown in Star Wars: Episode VI — A New Hopethe original film which was released in 1977. The prequel grossed more than $1 billion at the box office following its release in December 2016.

Cushing died of cancer in 1994 at the age of 81. Special effects were used to recreate his appearance with the British actor, Guy Henry, 63, performing as his body double.

Francis’ company, Tyburn Film Productions, is suing the Disney subsidiary Lucasfilm, which owns the rights to Star Warsand Lunak Heavy Industries (UK), the producer of Rogue One. He also brought claims against the executors of Cushing’s estate, who have both died, and Associated International Management, the agency that represented Cushing until his death.

The Disney companies claim they did not believe permission was required to recreate Cushing because of the terms of his contract in the original film and the nature of the special effects.

However, after being contacted by Cushing’s agent, they agreed a payment to the actor’s estate of about £28,000 to clear the use of his appearance, the High Court was told.

Francis, 75, who is seeking less than £500,000, made a number of films featuring Cushing including The Ghoul, Legend of the Werewolf and The Masks of Death.

The actor signed the agreement not to allow his image to be used without Francis’s permission in 1993 while preparing to make a television film called A Heritage of Horrorwhich was not completed, the court heard.

Cushing, from Whitstable, Kent, appeared in more than 100 movies, including 20 Hammer horror films and twice as Dr Who.

The Disney companies claim there was no arguable case that there was “unjust enrichment” and even if there was, they have a defence of being a “bona fide purchaser for value” of the rights to Cushing’s image.

A judge, Master Francesca Kaye, denied Disney’s application to dismiss the case in December last year and said it should go to trial.

After the Disney companies appealed, Judge Tom Mitcheson upheld her ruling on Monday. He said he was “far from persuaded” that Francis would succeed, but added: “I am also not persuaded that the case is unarguable to the standard required to give summary judgment or to strike it out.

“In an area of developing law it is very difficult to decide where the boundaries might lie in the absence of a full factual enquiry.”

Computer-generated imagery has been increasingly used to portray actors following their deaths. When Brandon Lee died in 1993 during filming of The Crowhis role was completed with body doubles and special effects.

Carrie Fisher, who played Princess Leia in the original Star Wars trilogy, died in 2016 but three years later she appeared in Star Wars: The Rise of Skywalkerwhich took unused footage from an earlier film.

Other actors whose roles were completed after their deaths include Oliver Reed’s performance in Gladiatorreleased in 2000, and Paul Walker in Furious 7which was released in 2015.

Last month the California senate passed a law that requires consent for the use of dead performers’ likenesses for AI-created digital replicas.