I don't think that's what is happening in this case, from a legal IP standpoint. I seriously doubt that Farley's estate owns the rights to Tommy Boy, so the family cannot make the decision. I'm sure Farley's estate is owed royalties for his appearance, but I don't think they have a say in the matter. Paramount Pictures (or some mega-conglomerate) owns the rights to the movie, they get to decide if the footage can be used. Spade could have refused to do the takes, which would have effectively killed the ad, for whatever reason he decided to do it.
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