A High Court battle over using CGI to resurrect the late actor Peter Cushing in a Star Wars film should go to trial, a judge has ruled.
Film company Tyburn Film Productions is taking legal action against Lunak Heavy Industries (UK) Ltd, which is owned by Disney and produced the film, Rogue One: A Star Wars Story, over their use of Mr Cushings image.
Cushing, who played imperial commander Grand Moff Tarkin in Star Wars: Episode IV - A New Hope in 1977, died in 1994.
But the character was recreated with computer-generated imagery in the 2016 spin-off.
Tyburn Film Productions claims that it entered an agreement with Cushing shortly before his death that prevented the reproduction of his appearance through special effects without its consent.
A High Court battle over using CGI to resurrect the late actor Peter Cushing in a Star Wars film should go to trial, a judge has ruled. Pictured: The actor in Star Wars: Episode IV - A New Hope in 1977 (left) and (right) the recreated actor using CGI in 2016s Rogue One: A Star Wars Story
Cushing, who played imperial commander Grand Moff Tarkin in Star Wars: Episode IV - A New Hope in 1977, died in 1994
The company began legal action against Lunak Heavy Industries and Lucasfilm, which produced the original Star Wars films, in 2019, claiming they received unjust enrichment from using Cushings image in Rogue One without its permission.
The film, which was nominated for two Academy Awards, was the highest-grossing production of 2016 in the UK, according to the BFI.
Cushing, who died from cancer aged 81, was recreated in the film by using special effects to alter the appearance of former Holby City actor Guy Henry.
Lucasfilm and Lunak Heavy Industries oppose the claim, with the court previously told they did not believe permission to recreate Cushings image was required under the terms of his contract for A New Hope.
They later entered into an agreement with the executors of Cushings estate, which saw permission to use his image granted in return for a fee.
The companies put in a bid to have the claim thrown out, but this was rejected by a judge last December, leading to them challenging that decision at a hearing in London in July.
But in a ruling on Monday, deputy High Court judge Tom Mitcheson KC dismissed the appeal, stating the case should go to trial.
In his ruling, the judge said that while he was far from persuaded that Tyburn Film Productions would succeed in its claim, the case was not unarguable and a full factual inquiry was needed.
The trial will now take place at a later date.
Film company Tyburn Film Productions will go to trial against Lunak Heavy Industries (UK) Ltd, which is owned by Disney, over their use of CGI to resurrect the late actor Peter Cushing in Rogue One: A Star Wars Story. Pictured: The High Court in London