A landmark legal dispute concerning the digital 'resurrection' of a late actor in a major Hollywood film has escalated to the Court of Appeal in London. The case centres on the appearance of Peter Cushing in the 2016 Star Wars spin-off, Rogue One: A Star Wars Story, decades after his death.
The Core of the Legal Dispute
Tyburn Film Productions is suing Lunak Heavy Industries (UK) Ltd, a Disney-owned entity that produced the film, alleging "unjust enrichment". Tyburn claims it holds exclusive rights stemming from a 1993 agreement with Cushing himself. The company asserts this "letter agreement" prohibited the reproduction of his likeness via special effects without Tyburn's explicit permission, which it says was never granted for Rogue One.
Peter Cushing, famed for his role as the menacing Grand Moff Tarkin in 1977's Star Wars: A New Hope, passed away in 1994. However, his character was pivotal to the plot of Rogue One, leading producers to use advanced digital effects to recreate his performance, based on actor Guy Henry's portrayal.
Arguments For and Against the Claim
Representing Lunak and co-defendant Lucasfilm, Edmund Cullen KC argued in court that Tyburn's case is "legally unsustainable". He contended that the enrichment claimed "did not exist" and that the licence for Cushing's likeness was properly obtained from his estate's executors in 2016 for a "substantial payment".
"(Cushing’s executors) have not given us anything that the claimant had some contractual entitlement to," Mr Cullen stated. He also noted that while the 1993 and 2016 agreements both concerned the right to resurrect Cushing, they were not "co-ordinated".
In contrast, Tom Moody-Stuart KC, for Tyburn, insisted the company's rights were "unique and of substantial value". He argued the 1993 pact granted Tyburn "the right to be the first to ‘resurrect’ Mr Cushing by way of visual effects" and that Cushing agreed his estate would be bound by this. "Justice requires a trial of the claim," he submitted.
A Long Road to the Court of Appeal
This appeal follows two previous judicial rulings that refused to dismiss the case ahead of a full trial. In September last year, Deputy High Court judge Tom Mitcheson KC, while "far from persuaded" Tyburn would ultimately win, concluded the case was not "unarguable" and needed a "full factual inquiry".
The hearing before Lady Chief Justice Baroness Carr, Lord Justice Birss, and Lord Justice Zacaroli is scheduled to conclude on Wednesday, 4 December 2025. The outcome will set a significant precedent for the use of digital likenesses in the film industry.
Rogue One, which earned two Academy Award nominations, was the highest-grossing film produced in the UK in 2016, according to the British Film Institute, underscoring the substantial commercial stakes involved in this unique legal battle over an actor's digital legacy.
