Licensing Albert Einstein?

[paramnesia]

According to Wiki and this article, Who Owns Einstein (http://www.physics.princeton.edu/~trothman/Who%20Owns%20Einstein.htm), the image of the famous physicist is owned by the Hebrew University of Jerusalem.

However, if memory serves me right, I've seen many stock drawings, political cartoons, and various children's books that use Einstein's image. Did they all pay a licensing fee? I don't know. I thought, at least when it comes to comic books, it falls under parody and/or fair use, but I'm no copyright lawyer, and I can't find anything concrete to back this up. I was looking for something like a published comic that used his image so i could contact the creator, but I haven't found contact information on the images I located.

A copyright lawyer would be the best person to ask, but perhaps someone here has some knowledge or insight to share.

[JeffX99]

Great question - and an excellent article. I've studied copyright and trademark quite a bit and have no idea. OK, I do have an idea but it isn't much. Any photos, paintings, etc. would likely be protected, copyright material unless those rights have expired, were never secured or were sold to become part of a stock archive. I do not see how any entity (the Richman Agency referred to in the article or the Hebrew University) could prevent you from using a historical figure's image as long as you create or have the rights to the image. My feeling is that would stand up in any court - but, you may not want to go there. That is the problem - even the "threat" of litigation is enough to supress the use of his image. I'm guessing that when you do see his image in magazines, on book covers, etc. those are licensed.

Personally I would do whatever I want with Einstein but I'm like that. Sorry I can't be more help. I would be curious as to what a copyright attorney would say.

[Elwell]

More info:
http://en.wikipedia.org/wiki/Personality_rights

[JeffX99]

Pretty interesting - I read most of that - the last three points in the U.S. section seem important in this situation. First Amendmant rights of freedom of artisitic expression seem to supercede "Rights of Publicity". Luckily Eisntein didn't live in Indiana!