As part of their “Law of the Game” series, Joystiq has posted a fascinating examination of the legal ramifications of Activision’s use of Kurt Cobain’s likeness in Guitar Hero 5. It doesn’t provide any definitive answers about the issue, thanks in part to the oddly diverse way different states approach the “right of publicity,” but it does offer a nicely in-depth look at the legal principles that are in play here.

From the article:

Kurt’s in-game likeness is governed by the part of the law called the ‘right of publicity,’ also called the ‘right of personality’ or ‘personality rights.’ … The right of publicity stems from the theory that any person should have the right to control how their likeness is used by others for commercial gain. In that way, it is similar to a trademark. People may associate a person with quality or other attributes much like they associate a brand name, and thus use of that person’s likeness to sell a product ties the two together.

Have a read if you’re interested in learning more about the issue.

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