James Cameron, Disney sued for using actor's likeness in 'Avatar'
What's the story
James Cameron, the acclaimed director of the Avatar franchise, and the Walt Disney Company are facing a lawsuit for allegedly using an Indigenous actor's likeness without permission. The actor in question is Q'orianka Kilcher, who played Pocahontas in Terrence Malick's The New World when she was just 14. The complaint claims that Cameron used Kilcher's facial features as a model for the character Neytiri in Avatar, reported Variety.
Lawsuit details
What does the lawsuit say?
The lawsuit, filed in the US District Court for the Central District of California, claims that Kilcher's likeness was used in various stages of Avatar's production. This included sketches, 3D models, and high-resolution digital images that were shared with different visual effects companies. The character based on her likeness appeared in theaters, on posters, and on merchandise without her knowledge or consent.
Cameron's past statement
What Cameron said about Kilcher earlier
The filing states that Kilcher became aware of this late last year after an old interview of Cameron resurfaced on social media. In the video, the filmmaker is reportedly seen standing beside a sketch of Neytiri and referencing Kilcher as the inspiration behind the character's appearance. He is seen saying, "The actual source for this was a photo in the L.A. Times, a young actress named Q'orianka Kilcher." "This is actually her...her lower face. She had a very interesting face."
Legal perspective
'That is not filmmaking. That is theft...'
Kilcher's attorney, Arnold P. Peter of Peter Law Group, said, "What Cameron did was not inspiration, it was extraction." "He took the unique biometric facial features of a 14-year-old Indigenous girl, ran them through an industrial production process, and generated billions of dollars in profit without ever once asking her permission." "That is not filmmaking. That is theft." The lawsuit also names Lightstorm Entertainment and several visual effects companies as defendants.
Actor's statement
'I never imagined that someone I trusted would systematically...'
Kilcher said, "When I received Cameron's sketch, I believed it was a personal gesture at most, a loose inspiration tied to casting and my activism..." "I never imagined that someone I trusted would systematically use my face as part of an elaborate design process and integrate it into a production pipeline without my knowledge or consent...This act is deeply wrong." The lawsuit seeks compensatory and punitive damages, disgorgement of profits from using Kilcher's likeness, injunctive relief, and corrective public disclosure.