Audiences were surprised when 2016's Rogue One: A Star Wars Story featured Grand Moff Tarkin. Not because he didn't belong there, but because special effects showed the face of Peter Cushing, who passed away over 20 years prior to the film's release.
According to a recent lawsuit, Disney never asked permission to use Cushing's likeness in the film. Allegedly, Cushing's contract led Lucasfilm to believe it did not need to seek approval to recreate the actor's presence on-screen. The lawsuit claims, per a deal made directly with Cushing, permission was legally needed.
The news of the lawsuit has sparked a much bigger conversation about whether or not the use of someone's likeness—with permission or otherwise—is ethical. Film studios are increasingly using all kinds of technology to "de-age" actors and essentially bring people back from the dead (on screen, that is).
This doesn't even count the growing use of AI to create images, even videos, of anyone without their consent. You may have heard of "deepfakes," where it appears someone is clearly speaking in front of a camera when it isn't actually real.
While using an actor's likeness on screen is technically legal with permission in most cases, should it be allowed? Let's use Carrie Fisher as an example, whose image was not only recreated also in Rogue One, but who also appeared in the form of previously unused footage in The Rise of Skywalker. Permission granted or not, Fisher had no say in how her likeness was used and how it may be used in the future. Is that fair? Is it right? Not just now, but in the very distant future?
It's a complicated issue that grows more complicated with more advanced technology. However, this lawsuit involving Cushing could open the door for many more cases like this one, which could change the film industry forever.