September 17, 2024, 8:45 am | Read time: 5 minutes
A lawsuit has been filed against Disney in a British court. The reason is the CGI resuscitation of an actor in a “Star Wars” film. TECHBOOK explains what exactly is at stake.
Modern technology enables the resurrection of deceased actors for new roles. One prominent example is Paul Walker, who died during the filming of “Fast & Furious 7.” For certain scenes, the Hollywood star was thus posthumously doubled by his brothers, with the addition of archive footage. In some parts of the film, Walker was also digitally “resurrected,” using CGI to give his character Brian O’Conner a dignified farewell. Philip Seymour Hoffman in “The Hunger Games: Mockingjay” and Brandon Lee in “The Crow” – incidentally the first case of its kind – also experienced a similar fate. The practice of incorporating actors who passed away during filming into movies in this manner is broadly accepted, both socially and legally. The current lawsuit against Disney, however, presents a different scenario.
Overview
Disney brought back deceased actors
The film giant has already used such technology on several occasions. Special effects techniques were employed to allow Carrie Fisher to posthumously appear as Leia Organa in “Star Wars: The Rise of Skywalker.” Fisher passed away in 2016, and filming began in 2018. According to the director, old footage from “The Force Awakens” and “The Last Jedi” was used for the film, which was edited afterward.
It appears that Disney has gleaned insights from these experiences. Because Darth Vader actor James Earl Jones transferred the rights to his voice to Disney in 2022, the company can continue to feature the iconic character in future projects despite the actor’s recent passing on September 9, 2024. However, the case that led to the lawsuit is completely different. It concerns the late actor Peter Cushing.
Lawsuit over Peter Cushing in “Rogue One”
The lawsuit was filed by a friend of Cushing’s, film producer Kevin Francis, and his company, Tyburn Film Productions. Cushing played the Grand Moff Wilhuff Tarkin in the very first “Star Wars” film from 1977. This character returned decades later in “Rogue One” (released in 2016), a prequel to the original trilogy.
Since everything in “Rogue One” revolves around the construction of the Death Star and Cushing’s character later commands it, director Gareth Edwards was keen to include Wilhuff Tarkin in the film. As Cushing had already died in 1994, he was replaced by Guy Henry, whose face was digitally edited afterward. The issue at hand, however, likely stems from an agreement that Cushing signed prior to his passing. This was between Peter Cushing and Tyburn, Kevin Francis’ company, and it forbids the use of his image for special effects without permission.
This agreement originated from a project that ultimately was not realized. Nevertheless, the lawyers are now arguing this in the case against Disney. The accusation is that Lucasfilm and Lunak Heavy Industries, the co-producers of the film, unjustly enriched themselves without authorization. Lucasfilm, which now belongs to Disney, refutes this. The company contends that the digital use of Cushing’s likeness did not breach any agreement. They own the rights to the character of Grand Moff Wilhuff Tarkin, who is part of the original “Star Wars” films. The company believes this suffices in the current legal context. It is also stated that around 33,000 euros have been paid into Peter Cushing’s estate.
An ethical, legal, and political issue
The lawsuit against Disney has now been officially accepted for consideration by Tom Mitcheson, a High Court judge. However, Mitcheson does not yet find any of the arguments put forward convincing. The outcome of the case, therefore, seems open.
This case is fanning the flames of a debate that has been increasingly heated for years. Is it ethically acceptable to digitally resurrect deceased actors for film and television? Opinions clearly differ on this. In the examples mentioned at the beginning, the actors died during filming. On the other hand, there was a huge outcry when it was announced in 2019 that a film with the title “Finding Jack” was to be made. Particularly explosive here: James Dean is to play an important role in the upcoming war film. The acting icon died in 1955 at the age of just 24. Although Dean’s family gave their consent for his images to be used, there was still a great deal of criticism. After all, Dean was no longer able to make the decision himself about participating in the film.
Well-known actors such as Chris Evans (“Captain America: The First Avenger”, “Knives Out”) also commented publicly on this example. On the platform known at the time as Twitter, he wrote: “Maybe we can get a computer to paint us a new Picasso. Or write some new John Lennon songs. Such a profound lack of understanding is disconcerting.”
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AI boom leads to new protests
The past year was also characterized by the major strikes in Hollywood. First, the writers protested, and then the actors did too. One of the principal points of contention centered on the use of AI. Among other things, the striking parties demanded better AI regulations and, above all, protection from being replaced by the technology. The concern is that studios might profit from ideas and likenesses without adequately compensating the original creators. This applies to both big and small names in the industry.
While some consider the current AI boom in the film industry to be a trend that will disappear again in a few years, especially in view of the problems described above, many also warn against it. Especially in an industry that thrives on creativity, the personal rights of those working in it must be protected. This consideration extends to the rights to an individual’s likeness even after death.