Hebrew University Loses Einstein Image Copyright in a Case against GM
ByHebrew University of Jerusalem began widespread use of the image of Albert Einstein in 1990s. Since then it has gone all the way to protect its copyrights over the image. People who wish to use the image commercially need to pay a user fee and get approved by the university.
But, this time a lawsuit it filed has resulted in losing the rights on the image.
In a lawsuit filed by the university against automakers General Motors, the university lost its rights over the image.
The California federal judge Howard Matz ruled that GM did not infringe the rights of the university by using the image of Einstein in their ad.
Einstein gave the university rights over his estate including his photographs in his will that came into existence in 1982. Since, then it has been protecting its claims and has acquired millions of dollars through it.
But, General Motors used the said image in an ad for their new vehicle model GMC Terrain SUV which featured in People magazine.
The ad featured sculpted, bare-chested body of a male model in low-cut pants onto which Einstein's head was superimposed. The model's arm bore a tattoo of Einstein's famous equation e=mc2. The slogan below read, "Ideas are sexy too..."
In response to the ad, the university filed a copyright infringement case two years ago which now it has lost.
Judge Matz ruled that the university's right of publicity was only valid for 50 years after Einstein's death in 1955, and that it expired in 2005. So, it has no rights over the image.
Reportedly, GM purchased the image from Getty.
Detroit News reports:
"'[Einstein] did become the symbol and embodiment of genius. His persona has become thoroughly ingrained in our cultural heritage. Now, nearly 60 years after his death, that persona should be freely available to those who seek to appropriate it as part of their own expression, even in tasteless ads,' he ruled."
The university is mulling over for an appeal.