I disagree with this, I think in hand, likeness to Heath Ledger will show. DCD used a 3D scan of Heath, I don't think likeness rights are an issue. Medicom's looks alright from the convention photos, but the photos aren't that great and Medicom likenesses are usually close but still off, they get stylistic a bit, particularly jawlines never seem to be right for the actors represented, so using them as a gauge of whether companies have likeness rights or not isn't the best course to take. As for Bale's name being mentioned with the Batman figure, that can't be used as likeness rights evidence either because of the Bruce Wayne portraits; we'd have to see how they list a Batman where there is only a cowled head to know if they'd still list his likeness. Heath's likeness is lost by the makeup a bit, even in the movie, so perhaps if it's so obscure, you don't have to credit the person's name, but where the Wayne head is unobstructed Christian Bale, they have to.
I really think HT's photos do a piss poor job of showing off the sculpt's forms, like cheek bones and nose and all, only shows the detailing of skin texture, wrinkles, hair, things like that. I think once we see the movie and see more sides to Heath's look as the Joker, we'll see him better in this figure.