Deleted Star Wars Scene leads to $421 Million Lawsuit: What Indie Filmmakers Should Know About Name and Likeness Rights

In early 2025, actress Koo Stark filed a $421 million(£190 million) lawsuit against Lucasfilm, reigniting a long-simmering debate about name and likeness rights in the entertainment industry.

Stark portrayed Camie Marstrap, a friend of Luke Skywalker, in a deleted scene from Star Wars: A New Hope (1977). Though her footage never made the final cut, Camie became part of Star Wars lore—appearing in comic books, merchandising, and later reintroduced on-screen in the 2021 Disney+ series The Book of Boba Fett, portrayed by a different actress.

Stark’s claim? That Lucasfilm exploited her likeness without consent or compensation—capitalizing on a character she helped originate. The lawsuit is now fueling broader questions in Hollywood about who truly owns a performance when a character lives on beyond the original actor.

Here’s what indie filmmakers and distributors need to know.

What Are Name and Likeness Rights—and Why Should Indie Filmmakers Care?

Name and likeness rights—legally known as the “right of publicity”—give people control over how their personal identity is used in a commercial context.

That includes someone’s name, photo, voice, signature, or even a distinctive gesture. For example, picture someone doing the moonwalk. Who do you see?

For indie filmmakers, this comes into play more often than you might think:

Did you shoot a scene on the street and capture someone’s face?
Include a reference to a real person in a mockumentary?
Use archival footage of a public figure?

If so, you’re potentially using someone’s likeness—and that can require legal clearance.

Unlike copyright, these rights aren’t federal; they vary by state. California, for instance, extends these protections for 70 years after someone’s death—meaning you could still need permission from an estate to portray a late celebrity or public figure.

Ignoring these rights can derail your distribution plans—especially with streamers and sales agents that require proof of legal clearance for everyone who appears (or is referenced) in your film.

Real-World Implications in Indie Films

The unauthorized use of an individual’s likeness can result in significant legal challenges. A notable example is the 1979 case Lugosi v. Universal Pictures, where the heirs of actor Bela Lugosi sued Universal for using his likeness without permission. Although the court initially ruled that personality rights did not survive death, California later enacted legislation to protect such rights posthumously.

It’s also important to designate what exact projects a performer’s name and likeness will, or could be, used in including sequels, remakes and derivative works. In 2021, Carol Baskin sued the producers of “Tiger King 2” claiming that she only agreed to her footage being used in the initial series. She tried to get an injunction to stop release of the show but the court found that, even though she established a proper breach of contract claim, stopping release would infringe on the producer’s right of free speech while the issues were being worked out. She eventually dropped the lawsuit because she said it wasn’t about getting money and after the show was released there was no point in continuing.

In the digital age, issues surrounding name and likeness rights have become more complex. The use of AI and deepfake technology has raised concerns about unauthorized digital representations of individuals. For instance, a recent advertisement featured a deepfake of actor Bruce Willis without his explicit consent, highlighting the evolving challenges in protecting publicity rights.

NIL Rights & Best Practices for Indie Filmmakers

To safeguard your production from legal pitfalls:

Obtain Clearances: Always secure written consent through release forms when featuring real individuals.
Understand Jurisdictional Laws: Familiarize yourself with state-specific laws governing publicity rights, especially if your film will be distributed in multiple regions.
Be Cautious with AI and Digital Replicas: Ensure you have explicit rights before using AI-generated likenesses or deepfakes.
Consult Legal Experts: Engage with legal professionals to navigate complex rights issues, particularly when dealing with high-profile personalities or sensitive content.

At the end of the day, always get consent to use a featured performer’s name and likeness in your project. If there are gray area fair use issues, such as in documentaries or footage obtained in public areas, consult your fair use attorney. Always assume someone is going to be unhappy and will come after you and your project to prevent the use of their name and likeness. Better safe than sorry.

For guidance on the indie creator agreements and documents you will need to protect yourself and monetize your content contact Showbiz Consultants or educate yourself at ShowbizWise.

Indie creators need the performers in their films or content to sign proper contracts including name and likeness rights provisions to protect themselves from liability and to monetize their content.