copyright public-domain right-of-publicity
Are photographs of portraits of Mozart that are in the public domain free for commercial use?
<p>While there are photos of Einstein that are in the public domain (e.g. <a href="https://commons.wikimedia.org/wiki/File:Albert_Einstein_(Nobel).png" rel="nofollow noreferrer">https://commons.wikimedia.org/wiki/File:Albert_Einstein_(Nobel).png</a>), Einstein ,the person, is not in the public domain. For this reason any use of images of Einstein requires a license and a minimum fee of $2500 (visit <a href="http://einstein.biz" rel="nofollow noreferrer">einstein.biz</a> for more information). While portraits of Mozart are in the public domain, is Mozart (the person) in the public domain? And if he is, is it legally safe to reuse portraits of Mozart commercially in, for example, video games?</p>

<p><strong>Edit 1:</strong> I was told that Einstein (the person) is not in the public domain by a representative of Einstein.biz; and, therefore, a license would be needed to use any image of Einstein. However, as Nate Eldredge pointed out, it is probably  <em>personality rights</em> that protect Einstein (the person) rather than copyright. In other words, saying that "Einstein is not in the public domain" is incorrect terminology. The correct terminology would be that the "personality rights of Einstein have not expired".</p>

<p>I am primarily interested in knowing whether photographs of portraits of Mozart (that are in the public domain) are open for commercial use in Germany.</p>

<p>The right-of-publicity (as it is called under US law) under California law lasts 70 years after the persons death, which still protects Einstein and prevents commercial use of his likeness. Civ 3344.1(g) (<a href="https://codes.findlaw.com/ca/civil-code/civ-sect-3344-1.html" rel="nofollow noreferrer">https://codes.findlaw.com/ca/civil-code/civ-sect-3344-1.html</a>)</p>

<p>However, Mozart died in 1791 so use of his "likeness" would be beyond the statutory period under California law.  Other jurisdictions may have longer periods of protection for deceased individuals. </p>
