Peter Cushing is back in the headlines 30 years after his death – as Disney has become embroiled in a legal battle over the use of his image.
The acclaimed British actor was widely recognised for his leading roles in the Hammer Productions horror films during the 1950s, 60s and 70s, such as The Curse of Frankenstein, Dracula and The Brides of Dracula.
However, he gained a whole new legion of fans as Grand Moff Tarkin, imperial commander of the Death Star, in the original 1977 Star Wars film
After his death in 1994, aged 81, his character was resurrected on the silver screen, for the blockbuster Star Wars prequel Rogue One: A Star Wars Story – using special effects.
And it is this final appearance which has led to a High Court battle.
Disney, the maker of Rogue One: A Star Wars Story, is being sued over the use of his image in the film.
In December last year, Judge Francesca Kaye denied Disney’s application to have the case dismissed, and said it should go to trial.
Disney appealed, and on Monday The Times reported this appeal was denied in the High Court.
Judge Tom Mitcheson said he was “far from persuaded” the case would succeed but added he was “not persuaded that the case is unarguable to the standard required to give summary judgment or to strike it out”.
Why are Disney being sued over Peter Cushing?
Tyburn Film Productions, a London-based film company, claims the special effects image “reproduction” in Rogue One breaches a contract made with the actor before he died.
Kevin Francis, founder of Tyburn, said Cushing signed a contract giving the company a veto over the recreation of his image using special effects in films.
The production firm made a number of movies featuring the actor, including The Ghoul and Legend of the Werewolf.
A court heard Cushing signed an agreement not to allow his image to be used without Tyburn’s permission in 1993, while preparing to make a TV movie called A Heritage of Horror, which was never completed.
Tyburn is now suing Disney subsidiary Lucasfilm (which owns the rights to Star Wars) and Lunak Heavy Industries UK (the producer of Rogue One). It has also brought claims against the executors of Cushing’s estate, and Associated International Management (the agency which represented the actor).
It claims Lunak and Lucasfilm received “unjust enrichment” from using the image in Rogue One without permission.
However, the Disney companies say they did not believe permission was needed to recreate Cushing’s image under the terms of his contract for the 1977 Star Wars film.
They argue they own the images used in 2016 because they came from the original Star Wars movie.
After being contacted by Cushing’s agent, Disney agreed to pay the actor’s estate about £28,000 for the use of his appearance in Rogue One, and now argue they have a “bona fide purchaser for value” of the rights to Cushing’s image.
How did Disney recreate Peter Cushing’s likeness?
Rogue One tells the story of what happened before the events shown in Star Wars: A New Hope.
The film, which starred Felicity Jones and Diego Luna, grossed more than $1bn when it was launched at cinemas worldwide.
To bring the character of Grand Moff Tarkin back to life, filmmakers created a digital reconstruction using a stand-in body double. Holby City actor Guy Henry was used, and Cushing’s face was added with CGI.
Henry was filmed performing the four-minute scene and his movements were then transferred onto a digital model of Cushing’s Tarkin.
Finally, this model was superimposed over Guy Henry’s face to recreate the character of Tarkin.
Similar technology was employed in Star Wars spin-off The Mandalorian, to make Luke Skywalker appear much younger. In this orginal Skywalker Mark Hamill performed the role with body double Max Lloyd-Jones.
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