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| The GM Ad |
Einstein later emigrated to the United States and took up
residence in Princeton, New Jersey and held a professorship at the prestigious
Institute for Advanced Study. Einstein contributed so significantly to
modern science that his name and likeness are still synonymous with genius.
Albert Einstein died in 1955, naming the Hebrew University of Jerusalem
as one of the beneficiaries of his will. As part of that will, he
bequeathed all of his Intellectual Property, including any rights to his
likeness or persona.
Over five decades after his death, many successful commercial products still
bear his name and likeness. So much so, in fact, that Forbes lists
Einstein as one of the top 15-earning "dead celebrities," raking in
up to $10M per year.
For example, new parents are familiar with the BABY EINSTEIN and
LITTLE EINSTEIN products and videos. These products were licensed by the
Hebrew University, helping to make EINSTEIN a very valuable trademark.
However, now that 5 decades have past since Albert Einstein's
death, Courts have ruled that at least some of Hebrew University's valuable rights may be at an
end.
Carmaker
General Motors had used an altered image of Einstein in a 2009 ad for the GMC
Terrain, a sport utility vehicle. The ad, which ran only once in People
magazine, showed Einstein's face pasted onto a muscular body with an "e=mc
" tattoo. It carried the slogan "Ideas are sexy too." (See above)
Hebrew
University sued GM in 2010, arguing the carmaker had no right to commercially utilize Einstein's
image, and demanding damages.
But the
Court ruled that descendants' right to control an image after death must be
balanced with the public's right of expression.
The Court
also ruled that any right Hebrew University had to sue expired in 2005 - 50 years
after Einstein's death, because that was the limit on copyright law in 1982,
when Hebrew University acquired Einstein's right of publicity.
