Disney Seeks Dismissal of Actor Q'orianka Kilcher’s Lawsuit Over ‘Avatar’ Character

Disney and director James Cameron have asked a California federal court to dismiss a lawsuit filed by Indigenous actor Q'orianka Kilcher, who accused them of using her likeness without permission to create Neytiri, the lead character in the blockbuster Avatar film franchise.

In a filing on Tuesday, Disney and Cameron argued that Kilcher’s lawsuit cannot proceed because Neytiri was based on Zoe Saldana, who portrayed the character in the films.

They also claimed that Kilcher waited too long to bring the case, arguing that her complaint was filed 16 years after the release of the first Avatar film.

Representatives and lawyers for Kilcher and Disney did not immediately respond to requests for comment on the filing.

Kilcher, who is of Indigenous Peruvian descent, made her acting debut at the age of 14 playing Pocahontas in Terrence Malick’s 2005 film The New World. She later appeared in the television series Yellowstone.

The first Avatar film, released in 2009, became the highest-grossing movie of all time, earning nearly $3 billion worldwide. The third instalment in the franchise, Avatar: Fire and Ash, has also crossed the $1 billion mark since its release late last year.

The franchise follows the Na’vi, a humanoid alien race that Kilcher claims draws heavily from Indigenous cultures. In her complaint filed in May, Kilcher alleged that Cameron used a photograph of her without authorisation as source material for Neytiri’s digitally created facial features.

Kilcher’s lawsuit claimed that Cameron had acknowledged using an image of her from The New World as the basis for Neytiri’s design. However, Disney argued that Kilcher had “conspicuously omitted” Cameron’s statement that the character was ultimately based on Saldana after she was cast in the role.

Disney further argued that the image referenced by Kilcher was not the inspiration for Neytiri and that her likeness was not recognisable in the final character design.

The company also maintained that the complaint should be dismissed because Kilcher’s 16-year delay in filing the lawsuit was unreasonable.

The case, Kilcher v. Cameron, has been filed before the US District Court for the Central District of California under Case No. 2:26-cv-04832.

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