that is pretty rude about his work.
Since he is explicitly advertising them as the likeness of the player, he certainly intends them to be, and as you mentioned above they are supposed to represent the player at a certain time. Many people could identify the figurine as the player.
So you are aware, Likeness doesn't have to be the exact likeness. Thousands of players were paid in the o-bannon case for literally the exact same likeness. Merely adjusting height, weight, and number was enough in that case to qualify as the likeness. FutureAD goes beyond that.