Legalities of using historical figure???

Hey guys, I have been developing a short film idea and although it is not about the late Joseph Haydn , I would like to have him shown in the background playing one of his works.

Am I prohibited from doing this without the consent of his heirs?


I do not plan on actually using his name, the only thing identifying him would be the musical piece and his resemblance to Haydn.

Any information is appreciated... thank you!
 
Haydn died in 1809 so I don't think anybody has claim to him. His music would also be out of copyright being that old. You would need to get permission from whomever performs his music (you can't use a CD of his music without permission from the performer, but if you can play piano yourself well then just record yourself playing his music, or use virtual instruments and Sibelius, etc and then your PC is the performer). I am not a lawyer, so as always consult legal advise from one, this is all just my opinion.
 
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