In The Public Domain

A few days ago we went to buy groceries.  In the coffee aisle I found a bag of ground coffee sold by a local company that was called the “Einstein Blend” and featured a drawing of Albert Einstein sipping a cup of coffee.  The slogan under the drawing read:  “An intelligent, medium roast blend of African and Costa Rican coffees.”

Albert Einstein, that unique, world-changing genius, probably the most famous scientist in history, on the cover of a coffee packet?  What’s the world coming to?

The value, and price, of being famous is that your image has value.  But at some point your image and likeness is no longer your own.  When a notable person dies, the clock starts ticking, and ultimately the right to publicity expires and the famous person’s image and likeness slip into the public domain for anyone to use.  That’s why it’s not unusual to see Abraham Lincoln, stovepipe hat and all, in TV ads for car insurance and other products of the modern world.  In the case of the Discoverer of the Theory of Relativity, who died in 1955, a 2012 court ruling concluded that his post mortem publicity rights had expired.  As a result, Albert Einstein’s grandfatherly likeness, with that familiar halo of hair and wise, kindly look in his eyes, is now fair game for advertisers.

At least coffee is a product that Einstein actually used (and enjoyed), unlike Abe Lincoln and car insurance.  And by the way, I bought a pack of the Einstein Blend — how could I not? — and it’s pretty good coffee.  Drinking it, I feel smarter already.

 

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