May 07, (THEWILL) — Actress and Indigenous rights activist, Q’orianka Kilcher, has filed a lawsuit against Hollywood director, James Cameron, and The Walt Disney Company, claiming her facial features were used without permission to create the character, Neytiri, in the “Avatar” films.
The complaint, filed in California federal court, alleges that Cameron saw a photo of 14-year-old Kilcher promoting her 2005 film “The New World” and instructed his design team to base Neytiri’s face on hers. Kilcher, who is Native Peruvian, played Pocahontas in that film.
Her legal team calls the act “the exploitation of an Indigenous girl’s biometric identity and cultural heritage for a multi-billion-dollar franchise” that claims to support Indigenous causes.
According to the lawsuit, Cameron’s team used her facial features in production sketches, 3D models, posters, merchandise, and sequels, all without her knowledge or consent.
Kilcher only discovered this after a video of Cameron surfaced online last year. In it, he says, “The actual source for this was a photo in the LA Times, a young actress named Q’orianka Kilcher. This is actually her…her lower face. She had a very interesting face.”
The lawsuit also refers to a 2010 meeting where Cameron gave Kilcher a framed sketch of Neytiri with a note reading, “Your beauty was my early inspiration for Neytiri. Too bad you were shooting another movie. Next time.” Kilcher said she initially thought it was “a personal gesture” and did not realise her face had been used in production.
“Millions of people opened their hearts to Avatar because they believed in its message, and I was one of them”, Kilcher said. “I never imagined that someone I trusted would systematically use my face as part of an elaborate design process…That crosses a major line. This act is deeply wrong.”
Her lawyers say the defendants violated California’s right-of-publicity law and new digital-replica statutes. They are seeking compensatory and punitive damages, disgorgement of profits, and public disclosure.
The “Avatar” series is one of the highest-grossing franchises of all time, with the first film earning over $2.9 billion worldwide.
Evi Ben Ezaga writes on entertainment, culture, and trending stories.
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