Legal Question in Intellectual Property in New York
Can you use a historical figure that has been dead for more than 50 years to advertise a product that is clearly not from this century and they wouldn't have the cognitive knowledge to endorse?
1 Answer from Attorneys
The issues fall under publicity and privacy rights, which are causes of action under state law.
You cannot use the image or likeness of a person to promote your goods or services, especially a famous person who may have even greater protections, without their permission. About a dozen states even extend these rights to dead persons ranging from 10-100 years after they die and which would be enforced usually by their estates.
This may not pose a problem for, but it is certainly possible, so before investing anything in this I would clear it with your own counsel first.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.