LOS ANGELES, CA — Director James Cameron and The Walt Disney Company are being sued in Los Angeles by an Indigenous actress who alleges her likeness at age 14 was utilized for a key character in the "Avatar" film series without her consent, according to court papers obtained Thursday.
Actress Q'orianka Kilcher contends in the suit filed in federal court that Cameron "extracted her facial features" and directed his design team to base the "Avatar" character Neytiri on her appearance as a teen after seeing her likeness as Pocahontas in an ad in The Los Angeles Times for Terrence Malick's 2005 film "The New World."
The 96-page complaint includes parts of interviews between Cameron and his production team that mention Kilcher by name and describe how her likeness was used as inspiration for the fictional character who was played on- screen by Zoe Saldaña.
"This case exposes how one of Hollywood's most powerful filmmakers exploited a young Indigenous girl's biometric identity and cultural heritage to create a record-breaking film franchise -- without credit or compensation to her -- through a series of deliberate, non-expressive commercial acts," according to Tuesday's lawsuit.
Kilcher, 36, a Native Peruvian actor and activist, contends that Cameron and his team hid the truth about the inspiration behind the character's image and never sought permission to use the alleged likeness.
"The result was a hugely lucrative film franchise that presented itself as sympathetic to Indigenous struggles, all while silently exploiting a real Indigenous youth behind the scenes," the suit says.
Representatives for Cameron and The Walt Disney Co. did not immediately respond to requests for comment.
Kilcher is seeking compensatory and punitive damages, disgorgement of profits attributable to the use of her likeness, injunctive relief and corrective public disclosure.
According to the complaint, Kilcher first met Cameron at a charity event in 2010, months after the first "Avatar" movie hit theaters. When they met, the suit alleges, Cameron invited Kilcher, then age 19, to visit his office, where he gave Kilcher framed artwork that she believed to be an original sketch of the Neytiri character drawn and signed by Cameron.
Attached to the sketch was a handwritten, signed note from Cameron that read: "Your beauty was my early inspiration for Neytiri. Too bad you were shooting another movie. Next time," the lawsuit alleges.
Kilcher is known for her recurring role on the television series "Yellowstone." She most recently starred in "The Wolf and the Lamb," released this year.
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