Steve Jobs Doll Gets Nixed

A Hong Kong toy maker, In Icons, came out with a Steve Jobs doll a few weeks ago and Apple’s attorneys quickly shut down the idea. Prior to his death, Jobs carefully assigned control of his distinctive likeness, including archival footage and the right to re-edit previous appearances. Some estate planners believe Jobs assigned his rights of publicity to his trust or a corporate entity. Apple also reportedly owns the right to sell commercial products bearing the names of its employees (i.e. Steve Jobs).

For clients hoping to protect their distinctive likenesses posthumously, the issue can get a bit tricky. Most states’ laws establish that control over publicity ends at death. Some states, however, have enacted laws to help individuals retain control over their likeness after death. For example, in 1999 California voted to extend the right to profit from a celebrity’s likeness to seventy years. However, the individual must be considered a celebrity for this law to apply.

Attorneys may suggest that clients hold their intellectual property in trust for future generations. It is also important that clients give a clear statement regarding their wishes for control over publicity even in states with no posthumous publicity laws. State laws change, and having a client’s statement on file can ensure that his or her wishes are followed.

See Scott Martin, Steve Jobs Doll Dead On Arrival After Showdown With Family and Estate Managers, The Trust Advisor, Jan. 22, 2012.