The family of an Irish woman found dead in Co Wexford last year have launched a High Court action alleging her image has been used in a Hollywood horror film without their consent.
The action relates to use of an image of Stacia Purcell (66), New Ross, Co Wexford, who went missing on October 30th last year.
Following a search, her body was discovered in the river Barrow. It is thought she fell into the river after suffering a heart attack, the court heard.
A photograph provided by her family for issue to the media to assist in the search, is featured in a horror film, Wrong Turn 6: Last Resort, the court was told.
The Wrong Turn franchise has been running for more than a decade and follows various families of deformed cannibals who hunt and kill people in the rural United States for food. It has grossed more than $40 million (€32 million) at the box office, the court heard.
Mr Justice Paul Gilligan was told the image was used without the family's consent and has caused them great pain, distress, and suffering.
Their upset was compounded by their finding out about the image’s use in the week leading up to the first anniversary of her death, it was stated.
The deceased’s adult children – Anna Kehoe, Patrick Purcell, Catherine Doran and her son-in-law Sean Doran are seeking orders preventing use of her image in the film.
Their proceedings are against 20th Century Fox Home Entertainment, WT6 Productions; UFO Film and Television Studios Ltd (Bulgaria) and UFO International Productions (Los Angeles). The family allege the film is owned, controlled, broadcast and distributed by the defendants.
Mr Justice Gilligan said he accepted the matter is serious but he was not prepared to grant the family, on an ex parte basis (one side only represented) a temporary injunction preventing distribution, sale or broadcast of the film in its current format.
It would be “far reaching” and “draconian” to make such an order at this stage given it would have “a worldwide effect”, he said. The judge said he would grant permission to serve short service of the proceedings on the respondents.
Noting there had been correspondence between lawyers for the parties, he said he would list it for next Wednesday to allow the respondents file a replying affidavit.
The film has been broadcast on Sky TV and is also available on buy on DVD, said Richard Kean SC who is representing the family. The image appears some 22 minutes into the film as a missing 81-year-old man, he said.
There can be no dispute the image is of Ms Purcell, he said. No consent was given by the family for the image to be used and such use was a breach of copyright.
The image was also used in a “grotesque, graphically violent film, which contains scenes of a pornographic nature”, counsel added.
The use of the image, taken from a family photograph, in a film containing a lot of violence and sex has caused the family much distress and has breached their privacy, said counsel. They were also upset people may think they had sold the right to use the image to the film-makers. Efforts by the family’s solicitor, Phelim O’Neill, to resolve the issue had proven unsuccessful.