Who Holds the Rights to Albert Einstein's Image?
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Chapter 1: The Legacy of a Genius
Albert Einstein, a monumental figure in modern physics, revolutionized our understanding of the universe with his groundbreaking papers in 1905, often referred to as the 'Miracle Year.' Even 66 years after his passing, his name remains iconic, attracting advertisers eager to utilize his likeness.
However, the landscape of publicity rights—pertaining to the use of an individual's image and name—is fraught with ambiguity and varies significantly across different jurisdictions. To shed light on this issue, we can examine a notable legal conflict: The Hebrew University of Jerusalem (HUJ) versus General Motors (GM).
Publicity Rights and Legal Battles
Evelyn Einstein, his granddaughter, initiated a lawsuit against HUJ in 2011 regarding her concerns over financial losses stemming from the exploitation of Einstein’s name and image. The outcome of this situation remains unclear, but during that period, HUJ was also engaged in legal action against GM for featuring Einstein's likeness in a 2009 advertisement promoting one of their SUV models.
In this advertisement, which I cannot display here due to copyright restrictions, Einstein's face was digitally superimposed onto a well-built model, complete with his famous equation, E = mc², tattooed on his body. HUJ claimed that GM had violated their ownership rights. However, GM contended that their ad was not an endorsement by Einstein or HUJ but rather a playful homage to People magazine's 'Sexiest Man Alive' edition.
The case was adjudicated in New Jersey, where Einstein lived for a significant portion of his life and ultimately passed away. The court ruled in favor of GM, determining that a 'reasonable amount of time' (50 years, in this case) had elapsed since Einstein's death, allowing his image to enter the public domain.
The Uncertain Landscape of Rights
While this ruling might suggest that we can freely use images of a muscular Einstein adorned with tattoos, the reality is more complex. In the United States, the rights associated with an individual's likeness are governed by state law, leading to a patchwork of regulations. For instance, California grants rights lasting 70 years, while some states like Indiana and Oklahoma extend this to 100 years, and Tennessee appears to have no limit whatsoever.
Despite this ruling, HUJ and their licensing partner, Greenlight LLC, continue to license Einstein’s likeness. I recently noticed their name in the fine print of an online ad showcasing Einstein in a bubble bath, promoting smart meters. Reports indicate that HUJ generates around $10 million annually from such licensing deals, making it unlikely that they will relinquish control over Einstein’s image anytime soon.
As the visibility of contemporary celebrities and historical figures increases through the internet, disputes over likeness rights are expected to escalate. To safeguard brands, legacies, and personal privacy, it is crucial to update and clarify these laws to align with modern media.
So, who truly owns the rights to Einstein’s image? The answer is complicated and varies depending on whom you ask, but one thing remains clear: Einstein's association with brilliance is an irresistible draw for many advertisers.
Chapter 2: The Illusion of Ownership
The complexities of ownership and likeness rights are vividly illustrated in various media.
The first video titled "Painted Einstein Hollow Face Illusion" explores the captivating optical illusion of Einstein's face, demonstrating how perceptions can be manipulated.
The second video, "Turning Hugo Martin into Albert Einstein," showcases a creative transformation, emphasizing the enduring influence of Einstein’s image in popular culture.
Bibliography
Albert Einstein. ‘The Official Licensing Site of Albert Einstein’. Accessed 17 June 2021. http://einstein.biz/.