I don’t get if the author of this post is wilfully misunderstanding publicity rights or is really just that ignorant of the law in California. Publicity rights continue and belong to the person’s estate for 70 years after the person’s death. Obviously, no one thinks people could believe that Patton himself authorized or endorsed the game. They very well could (apparently wrongly) believe that his estate did. It seems like good public policy to not allow people to use relatively recently deceased people to sell products. Would you want your dead parent’s likeness to be used to sell something without your permission? Maybe 70 years is too long, but the principle at least is reasonable.
Somewhat appropriate here: A Joke (as I think I remember it…)
Question: What’s a thousand lawyers at the bottom of the ocean?
Answer: A good start!
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