I am not sure how that works exactly, but there MAY be a difference between then-looks (hell, the Scotty in STO doesnt look at all like James Doohan - they might not even have any likeness rights) and "current" (or more like "last seen in movie") looks.
Well either
A) They don't have it, in which case they made him look a little different to get around this. And thus, could do it again, I'm betting he'll look different after 40+ years.
Doesn't Spock's voice count as an auditory likeness? And in that case, did they break the rules when they brought in Nimoy?
actually, i think they asked for Nimoy to narrate the game, and he agreed (in exchange for whatever they payed him for)
and that was my point, Cryptic would have to pay a hefty sum to get the likeness's of someone who is still alive (but i don't think that applies to those who have passed)
I don't know how that legally works, but I can imagine some of those rights belonging to some inheritors of his.
It varies by state and in this case, there's an issue of how much is the actor's likeness and how much is the character's.
There was a threat of legal action for Doohan reprising too much of his Scotty character on "Homeboys from Outer Space" in the 90s, so clearly there are aspects of the character that CBS owns. There are elements that are also clearly Doohan's but that's more closely tied to anything that would create confusion about him or his estate being made to appear to endorse a product without compensation.
actually, i think they asked for Nimoy to narrate the game, and he agreed (in exchange for whatever they payed him for)
and that was my point, Cryptic would have to pay a hefty sum to get the likeness's of someone who is still alive (but i don't think that applies to those who have passed)
According to Stahl, they have his publicity rights wavered as well and just needed to create a set of ears Nimoy was happy with to get his permission, which they've only managed to do since launch.