Can you Copyright a Dead Man?

Apparently you can, according to Bravado International Group Merchandising services, who, according to an e-mail I received from CafePress sent a notice to Bravado “stating that the use of Michael Jackson’s name, image or likeness infringes upon Bravado International Group Merchandising Services, Inc.’s intellectual property rights (copyright/trademark/right of publicity).” Whole issue was in response to the sale of a photograph I took (below). You can’t copyright or trademark a person, and I don’t believe Michael Jackson has publicity rights to his image post-mortem. This could very easily have been an image of a graffiti painting of a man in a hat. In public. Taken from the public streets. Personally, I understand that CafePress is in a tough spot and would rather tick off a couple of customers than face lengthy IP legislation. And I completely understand that MJ’s estate has signed a deal with Bravado – I imagine they’re very good at what they do. But COME ON! Third-party artist’s image, taken by a fourth-party as a newsworthy photograph… How can this possibly violate Bravado’s IP deal?