Paidcontent.org:
A UK newspaper caused a stir yesterday when it reported that Apple (NSDQ: AAPL) had threatened legal action against a Chinese company that plans to sell an eerie replica of its late founder starting next month. The Daily Telegraph said Apple claims to own rights to Jobs’ likeness…
But there is a huge problem here—Apple’s legal claim is largely bogus. While people can indeed own rights to their likeness, those rights usually apply only to living people. Unlike other forms of intellectual property like patents or copyrights, image rights do not survive beyond the grave in most places.
If your dream is to have a posable “action figure” of Steve Jobs of your very own, you may be in luck. I still think you’re creepy as hell, though.
I can only guess that Apple will argue that Job’s image is so intricately tied to the Apple brand, and is as much an iconic symbol of the brand that this type of “infringement” is a legitimate claim.
it is possible that Apple has registered that likeness into the realm of trademark. There is also the issue that likeness rights can be granted to the families of a person even after death, especially if that person is a celebrity.
I would only purchase this so I can enact the next desktop nativity scene with Steve Jobs tea bagging the stupid Android plushie one of my colleagues keeps threatening to buy me.
From the below-linked article: ”[17 states] have laws about the postmortem “right of publicity,” or the right to use a person’s name, voice, signature, etc., in a commercial setting after he or she dies.”
The article is about the use of the name & likeness of Albert Einstein, but the same principles apply.
Here’s the link: http://www.nypost.com/p/news/international/einstein_rights_all_relative_ZArAzlr4FpntKetqPkPoJM