The family of a 66-year-old Wexford woman found dead after going missing has launched a High Court action to prevent her image being used in a Hollywood horror film.
The action relates to the use of an image of the late Stacia Purcell, from New Ross in Co Wexford, who went missing on 30 October last year. Following a wide-scale search involving gardaí, her body was discovered some days later in the River Barrow. It is thought she fell into the river after suffering a heart attack.
Today the High Court heard that a picture of Mrs Purcell, which was provided by her family and issued to the media to assist in the search, features in a horror film called Wrong Turn 6: Last Resort.
Mr Justice Paul Gilligan heard that the image was used without the family's consent or permission and had caused great pain, distress, and suffering.
In proceedings against 20th Century Fox Home Entertainment, WT6 Productions and UFO Film and Television Studios Ltd (Bulgaria) and UFO International Productions (Los Angeles) Ms Purcell’s children Anna Kehoe, Patrick Purcell, Catherine Doran and son-in-law Sean Doran are seeking a number of orders preventing the use of her image in the film.
These orders include an interim injunction, on an ex parte basis, preventing the use of her image in the film in any further broadcasts or distribution of the film. The family says the film is owned, controlled, broadcast and distributed by the defendants.
Mr Justice Gilligan, who accepted that the matter was serious, said he was not prepared to grant the family a temporary injunction preventing the distribution, sale or broadcast of the film in its current format when only one side was represented in court.
To do so at this stage, the judge said, would be "far-reaching" and "draconian", given that any order made by the court "would have a worldwide effect".
The judge said at this stage he was prepared to grant the family permission to serve short service of proceedings against the respondents. Noting there had been correspondence between lawyers for the parties the judge said he wished to put the matter back to next Wednesday.
This was to allow lawyers for the respondents to file an affidavit in response to the action.
Mrs Purcell's family, represented by Richard Kean SC, appearing with Willie Ryan BL, said in recent weeks the family was contacted by neighbours who informed them about the use of the image in the movie. The film has been broadcast on Sky Television, and is also available on buy on DVD, counsel said.
The image appears approximately 22 minutes into the film. Counsel said that Mrs Purcell's image was shown to be a missing 81-year-old man.
Counsel said there could be no dispute that the image used is that of the late Ms Purcell, who, counsel said, was "a beloved mother and grandmother".
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, counsel added.
Counsel said what was also upsetting for the family was that people might think members of the family had sold the rights to use the image to the filmmakers. Counsel said efforts were made by the family's solicitor Phelim O'Neill to resolve the issue, but those efforts had not been successful.
The Wrong Turn franchise of horror films 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. Three characters who have appeared repeatedly in the series are: Three Finger, Saw Tooth and One Eye.
The court heard that the franchise has grossed more than $40m at the box office.
