Can you use a historical figure that has been dead for more than 50 years to advertise a product that is clearly not from this century and they wouldn't have the cognitive knowledge to endorse?
1 Answer from Attorneys
The issues fall under publicity and privacy rights, which are causes of action under state law.
You cannot use the image or likeness of a person to promote your goods or services, especially a famous person who may have even greater protections, without their permission. About a dozen states even extend these rights to dead persons ranging from 10-100 years after they die and which would be enforced usually by their estates.
This may not pose a problem for, but it is certainly possible, so before investing anything in this I would clear it with your own counsel first.
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