Dead Celebrities & Historical Figure Artwork / Public Domain Question

[NautilusD]

What is the name of your state (only U.S. law)? California

I recently created a piece of artwork using Albert Einstein as my subject.

Here's the image:
http://ds9creations.com/wp-content/uploads/2012/08/e_small.jpg

I'd like to print and distribute this but the trademark / copyright laws for dead celebrities and historical figures is very confusing.

I built this image using a Public Domain photo for reference....is that okay? Or if I use his likeness at all do I still need to obtain licensing?

I'd also like to build more of these posters using other historical figures, etc...how can I ensure I won't get tangled up in any licensing disagreements....

Thanks!

 

[quincy]

The Hebrew University of Jerusalem holds rights in all things Einstein. Both "Albert Einstein" and "Einstein" are registered trademarks. His name and image also retain publicity rights. His works retain copyrights.

GreenLight LLC handles the licensing of rights for the University. You can contact GreenLight LLC at http://www.einstein.biz for more information on licensing.

There was a thread posted here not too long ago that went into the rights held by the Hebrew University, and reading through this thread can provide you with more information.

The thread, "Can I legally use the name Einsteinabot," can be accessed throught this link: https://forum.freeadvice.com/copyrights-trademarks-39/can-i-legally-use-name-einsteinabot-540259.html

Other dead celebrities may not have lingering rights in their names or images. Each one would have to be researched separately to determine if you would need permission from any rights holder to use these figures.

Good luck.

 

[NautilusD]

The Hebrew University of Jerusalem holds rights in all things Einstein. Both "Albert Einstein" and "Einstein" are registered trademarks. His name and image also retain publicity rights. His works retain copyrights.

GreenLight LLC handles the licensing of rights for the University. You can contact GreenLight LLC at http://www.einstein.biz for more information on licensing.

There was a thread posted here not too long ago that went into the rights held by the Hebrew University, and reading through this thread can provide you with more information.

"Can I legally use the name Einsteinabot" forum.freeadvice.com/copyright-trademarks-39/54029.html

Other dead celebrities may not have lingering rights in their names or images. Each one would have to be researched separately to determine if you would need permission from any rights holder to use these figures.

Good luck.

So even if I use an image considered public domain (there are stamps, images of him receiving citizenship, etc...) I still can't use it as a basis for my artwork? ... I'm just curious...it's really confusing.

 

[quincy]

The images are controlled by The Hebrew Univesity of Jerusalem, if not through copyrights then through publicity rights and trademark rights.

Check out the GreenLight website and the licensing rights that you must obtain to use an image of Einstein.

That said, you could use a photo of Einstein as the basis for your work and you could then try to defend your right to use the image of Einstein as the basis for your work, if your use of the image happens to spawn a lawsuit (and I would expect that you would receive a cease and desist letter from GreenLight at the very least). The Einstein group is notorious for suing.

I believe the wisest course of action when you are dealing with any Einstein material is to seek permission to use the material prior to use.

As a note: I have not viewed your work. You may wish to show it to an IP attorney in your area and get his/her opinion.

 

[NautilusD]

The images are controlled by The Hebrew Univesity of Jerusalem, if not through copyrights then through publicity rights and trademark rights.

Check out the GreenLight website and the licensing rights that you must obtain to use an image of Einstein.

That said, you could use a photo of Einstein as the basis for your work and you could then try to defend your right to use the image of Einstein as the basis for your work, if your use of the image happens to spawn a lawsuit (and I would expect that you would receive a cease and desist letter from GreenLight at the very least). The Einstein group is notorious for suing.

I believe the wisest course of action when you are dealing with any Einstein material is to seek permission to use the material prior to use.

As a note: I have not viewed your work. You may wish to show it to an IP attorney in your area and get his/her opinion.

Okay! I'll give an IP attorney a call. I don't have a problem trying to get permission / trying to license it...it just seems like those big organizations don't want to pay you any attention until you cross them. I emailed GreenLight, so we will see.

Another slightly related question (sorry to bug)...as I said, I want to pursue other historical figures in a similar style...is there any kind of general rule of thumb in regards to finding public domain figures...?

For instance I was thinking of the following:
- Lincoln
- Darwin
- Mark Twain

...they've all been dead for more than 70 years (which, according to CA law, is enough time for them to have become public domain)...

I mean, I'm happy to pay a lawyer to research these things...but I'm a small time artist, so any work I can do myself will save me some dough...

Thanks!

 

[quincy]

The individuals themselves are not in the public domain. When they die, they just die. But some of them die leaving estates with rights in their name and image.

It would be copyrighted material about these individuals that could be in the public domain (for instance, photos of these individuals or written works by these individuals).

What complicates this whole public domain thing is, for example, a photograph could have been taken in 1922 and now be in the public domain due to the passage of time. This means the photograph is free to use. However, there may be publicity rights attached to an individual pictured in the photograph, or the image may be trademarked (like Charlie Chaplin's "Little Tramp" image).

In addition, some public domain material has been "updated" or changed enough to create an entirely new copyrighted work. Ted Turner colorized public domain black and white films and, while the black and white versions remain in the public domain and free for anyone to use, the colorized versions hold new copyrights and must be licensed.

So, even when there are no lingering copyrights in the photo, and the photo itself is in the public domain and can be copied by anyone, you still need to be sure there are no trademark rights or publicity rights attached to the image, if you intend to use a copy of the photo in a commercial manner (ie, make tee shirts using the image).

I wish I could tell you that it is perfectly safe to draw images based on public domain photos and then sell these drawings. You WOULD be safe from a copyright perspective. The rest requires research.


Your Einstein is great, by the way. You are obviously very talented. I wish you luck.

 

[NautilusD]

The individuals themselves are not in the public domain. When they die, they just die. But some of them die leaving estates with rights in their name and image.

It would be copyrighted material about these individuals that could be in the public domain (for instance, photos of these individuals or written works by these individuals).

What complicates this whole public domain thing is, for example, a photograph could have been taken in 1922 and now be in the public domain due to the passage of time. This means the photograph is free to use. However, there may be publicity rights attached to an individual pictured in the photograph, or the image may be trademarked (like Charlie Chaplin's "Little Tramp" image).

In addition, some public domain material has been "updated" or changed enough to create an entirely new copyrighted work. Ted Turner colorized public domain black and white films and, while the black and white versions remain in the public domain and free for anyone to use, the colorized versions hold new copyrights and must be licensed.

So, even when there are no lingering copyrights in the photo, and the photo itself is in the public domain and can be copied by anyone, you still need to be sure there are no trademark rights or publicity rights attached to the image, if you intend to use a copy of the photo in a commercial manner (ie, make tee shirts using the image).

I wish I could tell you that it is perfectly safe to draw images based on public domain photos and then sell these drawings. You WOULD be safe from a copyright perspective. The rest requires research.


Your Einstein is great, by the way. You are obviously very talented. I wish you luck.

Yeah, it's definitely confusing! I wonder how anyone ever gets anything produced...it seems like the system really is against th little guy that can't afford to do the legal research...

Thanks for the help though! I will let you kow how it turns out...!

 

[quincy]

Thanks, NautilusD. I would be interested in hearing how you fare with GreenLight.

The following links connect you to information compiled by The Library of Congress Researchers, updated on August 31 of this year. Although the Researchers do not touch on trademark rights that may complicate the use of an image, they do address public domain materials, privacy rights and publicity rights. They also have information on connecting to historic photos in the public domain.

http://www.loc.gov/rr/print/195_copr.html for information specific to your questions here or http://www.loc.gov/rr/print for more general information.

Again, good luck with your drawings and potential poster sales.