Director James Cameron and Disney are battling a new claim brought in the California Central District Court after actress Q’orianka Kilcher has alleged that her likeness was used in actress Zoe Saldaña’s portrayal of the Avatar character Neytiri.
Kilcher’s legal team has argued that the themes of the Avatar movies take unfair advantage of the experiences of Peru’s indigenous population while presenting itself as sympathetic to the culture’s struggles. Kilcher also claims that she had no knowledge of any alleged use of her likeness until 2010, when she received an autographed depiction of Neytiri with a handwritten note from James Cameron stating that Kilcher had been an early inspiration for the character.
Kilcher states that the final straw was an interview in which James Cameron noted that it was Kilcher’s lower face that had given him inspiration for Neytiri’s design, with Kilcher’s team arguing that images of her face had been biometrically scanned for use in the Avatar movies. Ultimately, Kilcher’s claim is based on allegations of misappropriation of likeness, an invasion of privacy and interfering with possible financial gain.
In light of this claim, the surge of celebrities applying for trade marks for their likenesses, such as footballer Cole Palmer, darts player Luke Littler and actor Matthew McConaughey, in order to protect themselves from any non-consensual use of their appearances and even mannerisms seems increasingly warranted. However, time will tell whether Kilcher’s claim is successful since Neytiri’s appearance is also seemingly based on Saldaña’s appearance, further complicating the facts of the claim.
If you have any questions on the above, or if you need any advice or support in respect of your own Intellectual Property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
