Disney asks court to dismiss actor's lawsuit over 'Avatar' character

Kilcher, who is of Indigenous Peruvian descent, made her acting debut at the age of 14 as Pocahontas in Terrence Malick's 2005 film "The New World." Her other roles include a recurring part in the television series "Yellowstone."

The series is centered on a group of humanoid aliens called the Na'vi that Kilcher said are based on Indigenous cultures. Kilcher alleged in her complaint filed in May that Cameron used a photograph of her without permission as source material for Neytiri's digitally rendered facial features.

Kilcher's lawsuit said Cameron has acknowledged that he used an image of her from "The New World" as the foundation for Neytiri's design. Disney's response said that Kilcher "conspicuously omits" that Cameron also said Neytiri was based on Saldana after she was cast, and that the image Kilcher referenced was specifically not Neytiri's inspiration.

Disney and director James Cameron have asked a California federal court to dismiss a lawsuit from an Indigenous actor who accused them of misusing her likeness to create the protagonist Neytiri from their hit "Avatar" movies.

Disney and Cameron told the court in a filing on Tuesday that Q'orianka Kilcher cannot sustain her lawsuit because Neytiri was based on Zoe Saldana, the actor who played her.

They also argued that Kilcher waited too long to file her complaint.

Spokespeople and attorneys for Kilcher and Disney did not immediately respond to requests for comment on the filing on Wednesday.

Disney also said that Kilcher's likeness was not recognizable in Neytiri, and that the complaint should also be dismissed because she waited an "unreasonable" 16 years to file it.