Yesterday will be a day long remembered as Lucasfilm successfully won its case to throw out a lawsuit over the use of the likeness of Peter Cushing in 2016’s Rogue One, a feat of visual effects made possible by the talents of ILM, the performance of the brilliant Guy Henry, and the blessing of the Cushing estate. Explaining how “it is impossible to identify anything at all that belonged to Tyburn which can be said to have been transferred” to Lucasfilm or Lunak, Judge Sue Carr concluded that the case could not continue, and was therefore dismissed.
Cushing had signed a deal with British company Tyburn Film Productions in 1993 to appear in a television film, an agreement Tyburn’s lawyers said gave it “the right to be the first to ‘resurrect’ Mr Cushing by way of visual effects”.
Tyburn claimed it had lost around 250,000 pounds ($333,725) and sued Lucasfilm and fellow Disney subsidiary Lunak Heavy Industries at London’s High Court for alleged unjust enrichment at its expense.
Lucasfilm and Lunak, however, said the case was hopeless and unsuccessfully tried to have the case thrown out twice. But the Court of Appeal ruled in their favour on Thursday.
Judge Sue Carr said that “it is impossible to identify anything at all that belonged to Tyburn which can be said to have been transferred” to Lucasfilm or Lunak, meaning the case could not continue.
