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Filmmaker James Cameron and The Walt Disney Company have been sued over allegations of unauthorized use of an indigenous actress' likeness in the blockbuster film franchise 'Avatar', according to Variety.
According to a complaint obtained by Variety, actress Q'orianka Kilcher has alleged that her facial features were used without consent to create the character Neytiri in 'Avatar'. The filing claims that when Kilcher was 14 years old and had recently portrayed Pocahontas in Terrence Malick's film 'The New World', Cameron allegedly extracted her facial features from a published photograph and directed his design team to use them as a basis for the character design. The filing stated, "Plaintiff never consented to Defendants' use of her likeness, either in Avatar or in any related product or promotion," according to Variety. The lawsuit also names Lightstorm Entertainment and multiple visual effects companies, alleging that Kilcher's likeness was reproduced through production sketches, 3D maquettes, laser-scanned digital models, and shared across visual effects vendors, ultimately forming the character's appearance in the film. The image was later seen in theaters, on posters, in merchandise, across sequels and re-releases without her knowledge or consent. "What Cameron did was not inspiration, it was extraction," said Arnold P. Peter of Peter Law Group, lead counsel for Kilcher. "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," as reported by Variety. The complaint states that Kilcher and Cameron first met briefly at a charity event following the 2009 release of Avatar. Cameron allegedly later invited her to his office, where she was presented with a framed sketch and a handwritten note reading, "Your beauty was my early inspiration for Neytiri. Too bad you were shooting another movie. Next time." Kilcher said she initially believed the gesture was harmless. "When I received Cameron's sketch, I believed it was a personal gesture, at most a loose inspiration tied to casting and my activism," Kilcher said. "Millions of people opened their hearts to 'Avatar' because they believed in its message and I was one of them. 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. That crosses a major line. This act is deeply wrong." The filing further states that Kilcher only became aware of the alleged connection after a video interview resurfaced in which Cameron reportedly identified her as a reference for Neytiri, 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," as per the outlet. The complaint also claims the defendants violated California's recently enacted deepfake pornography statute. "It is deeply disturbing to learn that my face, as a 14-year-old girl, was taken and used without my knowledge or consent to help create a commercial asset that has generated enormous value for Disney and Cameron," said Kilcher. 'Avatar', directed by Cameron, earned more than USD 2.92 billion worldwide and remains one of the highest-grossing film franchises globally. "The complaint describes a deliberate analog-to-digital creative process that misappropriated Ms. Kilcher's identity," said Asher Hoffman, co-counsel for Kilcher. The complaint seeks compensatory and punitive damages, disgorgement of profits attributable to the use of Kilcher's likeness, injunctive relief, and corrective public disclosure, according to Variety. (ANI)
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