What's Wrong With This Picture: Way To Go, Einstein Edition

Edward Niedermeyer
by Edward Niedermeyer

Albert Einstein may have once said that:

Anyone who has never made a mistake has never tried anything new

But the Hebrew University of Jerusalem, which owns the rights to Einstein’s likeness, had this to say about this GMC ad which appeared in People Magazine’s “Sexiest Man Alive” issue:

The tattooed, shirtless image of Dr. Einstein with his underpants on display is not consummate with and causes injury to (the university’s) carefully guarded rights in the image and likeness of the famous scientist, political activist, and humanitarian

According to the Detroit News, the University is suing GM “more than $75,000” for the Leo Burnett-produced ad. GM spokesfolks insist the company purchased the right to use the Einstein image from a “reputable firm.”

Edward Niedermeyer
Edward Niedermeyer

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  • Contrarian Contrarian on May 27, 2010

    You mean they are suing American taxpayes for 75k. The University must need a new bomb shelter or something.

    • Ronnie Schreiber Ronnie Schreiber on May 27, 2010

      It's easy to joke about it, and I like black humor as much as the next guy, but the Hebrew University was actually the target of a 2002 bombing by Hamas. The cafeteria on the Hebrew U's Mount Scopus campus was attacked and 9 people were killed and about 100 injured. The bomb, packed with nails and other shrapnel for maximum damage to people, was in a bag left on a table in the center of the cafeteria during lunchtime. The school already builds bomb shelters in just about all its buildings. Israelis have been building bomb shelters since 1948 and they're pretty good at civil defense. The $75,000 is a token amount, just enough to get GM's attention. Corbis manages the Einstein image legacy for the Hebrew U. Most likely, this lawsuit was driven by Corbis more than the university. In my experience, companies that manage intellectual property for other institutions (like the Collegiate Licensing Corp.) tend to be a bit more heavy handed than the actual owners of that IP.

  • Amendment X Amendment X on May 27, 2010

    Explain to me how you can own the likeness of a dead person...

    • Ronnie Schreiber Ronnie Schreiber on May 27, 2010

      Even if you dispute the concept of a deceased person's publicity rights going to their heirs after death, their are still intellectual property rights to the actual copyrighted images. I agree that publicity rights are controversial and the law in the US has been influenced by the power of the entertainment industry, but the fact remains that the Hebrew U currently owns the rights to Einstein's image. One thing that has to be considered is that IP not defended is lost to the public domain. The owner of IP has to diligently defend that property through cease and desist letters and lawsuits if necessary just to show the courts that it protects its property. In a famous case, Formica Corp. lost their trademark to the word "formica" because they were too selective about who they went after for trademark violations.

  • Pete Madsen Pete Madsen on May 27, 2010

    I guess I'll have to retain an agent and start shopping my likeness around. After all, I'm not rich enough to just donate it to some school I went to....

  • Brucifer Brucifer on May 27, 2010

    That's not Einstein, it's Sam Elliot. LOL http://www.aceshowbiz.com/images/events/CSH-010253.jpg

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