Star Wars Legal Battle Over Peter Cushing In Rogue One Goes To Trial

By Matthew Swigonski | Published

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In the 2016 film Rogue One: A Star Wars Story, fans were pleasantly surprised when actor Peter Cushing made an appearance in the film, reprising his role as the villainous Grand Moff Tarkin. Although Cushing died back in 1994, the use of advanced computer-generated technology allowed artists at Industrial Light & Magic, a Lucasfilm visual effects company, to superimpose his likeness onto the face of an on-set actor, eventually resulting in a hotly-contested lawsuit filed by film production company Tyburn Film Productions, which claimed to own the late actor’s likeness. On September 9, a High Court in London ruled that the Peter Cushing Star Wars trial could proceed.

Alleged Violation Of An Agreement With Cushing

In the lawsuit, Tyburn Film Productions argues that the company had entered into an agreement with Peter Cushing prior to the Star Wars actor’s death, which would prevent the reproduction of his likeness through special effects without the company’s consent. Tyburn Film Productions has pursued legal action against Lucasfilm and Lunak Heavy Industries, a Disney company responsible for the production of Rogue One: A Star Wars Story, for violating its agreement with the late actor, setting the stage for a future Peter Cushing Star Wars trial.

A Legal Battle Brewing For Years

The legal battle first took shape in 2019, when Tyburn Film Productions originally filed the lawsuit, alleging that Lucasfilm and Lunak Heavy Industries each received “unjust enrichment” from using Peter Cushing’s likeness in Rogue One: A Star Wars Story without its permission, culminating with the upcoming trial. After appearing in theaters for nearly six months, the film grossed over $1 billion at the worldwide box office, making it the second-highest-grossing film of 2016.

Tried to Toss The Case

By December 2023, Lucasfilm and Lunak Heavy Industries made an unsuccessful bid to have the lawsuit thrown out, claiming each company had no requirement to seek permission to use the actor’s likeness, thus avoiding a possible Peter Cushing Star Wars trial. Lucasfilm argued that according to the original contract that Peter Cushing signed prior to filming Star Wars: Episode IV – A New Hope, the company maintained rights to the late actor’s likeness. Additionally, Lucasfilm and Lunak Heavy Industries claim that they had reached an agreement with Peter Cushing’s estate, paying a fee to use his likeness alongside the blessing of his family.

Giving The Family A Chance TO Make Their Case

In July 2024, Lucasfilm and Lunak Heavy Industries once again argued to have the lawsuit thrown out. On September 9, deputy High Court Judge Tom Mitcheson KC denied the appeal from the companies, paving the way for a trial. While Judge Mitcheson revealed that he was “far from persuaded” that Tyburn Film Productions had a winnable claim, he maintained that the case was not “unarguable” and that the Peter Cushing Star Wars trial should move forward at a later date.

Tarkin Has Appeared In Other Media

Peter Cushing first entered the Star Wars universe when he appeared in the film Star Wars: Episode IV – A New Hope in 1977, portraying the cold and ruthless Grand Moff Tarkin, a military officer in the Galactic Empire tasked with the construction and operation of the Death Star. Following the film’s release, Peter Cushing was never credited with another appearance as Grand Moff Tarkin, though the character would live on with various portrayals in video games, TV shows, and films after the actor’s death. It wasn’t until his likeness was included in Rogue One: A Star Wars Story that legal issues began to arise, including the pending Peter Cushing Star Wars trial.

Source: The Irish News