this post was submitted on 03 Apr 2024
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The law regarding likeness is much less unified than copyright. It even differs significantly between US states, not to mention internationally. So there's no simple answers to these questions.
Here's the WP page on this: https://en.wikipedia.org/wiki/Personality_rights
I'm no expert, so I don't know if it's good. I'd take it with a grain of salt.
As to the case, here's an analysis by copyright lawyer Aaron Moss:
https://copyrightlately.com/carlin-estates-lawsuit-over-fake-comedy-special-may-be-doa/
Thank you for the read. I figured this one was a thorny issue without even considering the locale/jurisdiction aspect.
From the looks of it, this is an issue that is likely to have to be fought in court to deliver some precedent or legislation will have to directly target this... And that's just the American side.
I'm honestly glad these comedians and the Carlin family were able to come to a reasonable settlement, so that the Carlins themselves didn't have to be part of this eventual circus. I feel like George himself would find this scenario pointless and loathsome, and I only wish I could hear the real him talk about it haha.