Hi. I happen to know a little bit about this, in the abstract. This
question should be easier than it is. ;-)
We live in an age where the right of publicity (not exactly a copyright,
more like a trademark) for dead persons has been developed and is
growing. Think of Elvis.
An underlying point (to bear in mind in this context) about copyrights
is that they eventually expire, even for unpublished works. Trademarks
need not expire (ex: Coca Cola, Bayer Aspirin- 2 19th c. brand names
still cranking along...). I don't want to bore everyone with the
minutiae of (C) for unpublished works written in the US before 1910....
Now take a look at this site :
http://www.cmgworldwide.com/historic/twain/
As I read it, CMG Worldwide provides licenses, to willing licensees, for
various rights to use SLC-related materials, including likenesses. They
do this on behalf of the Estate. I don't know who the natural persons
comprising the Estate might be, at this point, but I believe they have
to be vertical and have skin on them. ;-) SLC's only granddaughter
(Nina, Clara's daughter) died long ago.
Peering further, one might also take a look at the clearances that Mr.
Ken Burns and others went through in the making of recent films.
FYI, a film was made (that I don't know anything else about) related
this topic:
The Mark Twain Company
Adam Goldman
( http://www.911media.org/events/screenings98/august.html )
"A dense and selective history of Mark Twain's writings, family
members, and commercial interests of the Mark Twain Estate, Goldman's
work portrays this American institution with appropriate absurdity."
During Twain's life, his name and likeness, and perhaps those of
his characters, including a few endorsements, I believe- was licensed by
the Mark Twain Company for commercial purposes. Plasmon? Peterson's
pipes, a watch movement, etc.
For example-
http://www.twainquotes.com/sarony/SaronyCigarLabel.jpg (1913)
Finally, there is the question of unlicensed use of the brand, if you
will. I don't know if "Mark Twain Bank", and "Mark Twain Rural
Telephone" and such entities were ever licensed.
Sorry you asked? ;-)
DDD
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