A 1993 Contract Could Rewrite Star Wars History — and Disney’s Not Happy
This could impact movies for years to come!
Peter Cushing's Digital "Resurrection" Goes to Court
- Thread starter Danja
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Wasn't just Rogue One either. Tarkin showed up frequently in a number of the animated series as well. I guess it would need to also be decided how much of a "likeness" constitutes a violation of the alleged agreement, as the animated Tarkin was more of a stylization of Cushing than a direct Rogue One facsimile. This is definitely going to be a wild case to watch. I can see why Disney & the LucasFilm branch is sweating bullets over this. Did Cushing actually know this was coming before he died and preemptively signed this contract with Tyburn to throw a monkey-wrench into the works? If he did, he possessed a singular foresight 30+ years ago.
It's clearly just a fishing expedition for some "out of court settlement" money. Disney and Lucasfilm both seemed to have acted in good faith, and I wouldn't be shocked if the Cushing estate also had no idea this supposed contract existed. Indeed, neither presumably did the purported contract holders, given it's taken them close to a decade to pipe up about it.
As for the animated shows and other media; I'm no expert, but I think it's a fair bet that those mostly fall under 'caricature', and probably aren't subject to quite the same rules as photography and photo-real images. It likely also helps the case that LF/Disney hold the rights to the character's likeness.
As for the animated shows and other media; I'm no expert, but I think it's a fair bet that those mostly fall under 'caricature', and probably aren't subject to quite the same rules as photography and photo-real images. It likely also helps the case that LF/Disney hold the rights to the character's likeness.
Like I mentioned when talk of this first circulated a year or so ago, Rogue One was nearly a decade ago and digital Tarkin was one of the most talked about elements from it. Why did it take so long for this kind of reaction to it?
Good point. I'm wondering if there's a "statute of limitations" predicate here that will just get the whole thing summarily shut down in its tracks. I believe "dismissed with prejudice" would be the term to use in that case.
Like I said, they probably didn't even know the contract existed until recently. Things get lost, misfiled and forgotten about over the decades all the time. Indeed it's why some copyrighted works can cease to be distributed, if nobody is actually sure anymore who even holds the copyright. Happens more often than you'd think.
With powdered wigs. 
In the linked article, it says they started legal proceedings in 2019, 3 years after the movie was released.
I looked up Tyburn Film Productions. Apparently they haven't produced anything since 1989!? So why are they even an issue here? (I know, rhetorical question. We all know the answer - $$$.)
So what would be the worst case scenario when it comes to Rogue One? Could the court force Lucasfilm they stop streaming it, selling, and showing it on TV? What about games or comics and books with Tarkin's imagine in them? It sounds like this is just about Peter Cushing's appearance, so I'm assuming anything that's just text would be safe?
Hmm. Maybe I should purchase the BRD before it disappears and can only be found on eBay for over $1,000.
I would imagine this would end in a settlement for the plaintiff at best, assuming the case isn't dismissed, but at worst, for Disney...I suppose they could be required to stop distribution of any content that includes Tarkin's likeness.
I don't exactly know how "Rogue One" could even work if TPTB were required to remove Tarkin altogether if they wanted to continue distributing it. In theory they could simply replace him, but that would be pretty weird.
I suppose they could digitally replace him with Thrawn, but yeah, it would be weird any way you cut it.
Wouldn't really work for Rogue One, though.
True.
Smells like a cash grab.
As I said, the case is being tried in a British court. Who knows what the law is in the UK.
I agree. My understanding is that in some cases (e.g. if accused of libel/slander), British law is "guilty until proven innocent", but I don't know whether that applies to something like this.
Just realized I did find my original BRD of Rogue One sitting comfortably on my disc shelf. Now clutching it protectively. The Redcoats can have it when they pry it from my COLD DEAD HANDS!!! 
You maniac!Just realized I did find my original BRD of Rogue One sitting comfortably on my disc shelf. Now clutching it protectively. The Redcoats can have it when they pry it from my COLD DEAD HANDS!!!
View attachment 50558
COME AT ME BRAH!