Jim Brown, nine-season running back for the Cleveland Browns and NFL Hall of Fame inductee, filed a lawsuit against Electronic Arts in 2008 for using his likeness in Madden '09 without first obtaining his permission. Last September, U.S. District Judge Florence-Marie Cooper (who passed away in January from lymphoma) ruled that EA was protected by First Amendment rights -- a decision which Brown is now attempting to overturn in a San Francisco appellate court.
Brown requested the review earlier this week at the 9th U.S. Circuit Court of Appeals. According to the Associated Press, EA representative Jeff Brown emailed the New York Times, saying the industry juggernaut is "confident" the ruling won't change. So, for those of you keeping score: EA's Jeff Brown says Jim Brown from the Browns won't win.
Reader Comments (17)
Posted: Jul 7th 2010 11:34PM Reddjoey said
Aren't retired players covered by the NFL Players Union, who has a contract with EA?
Posted: Jul 7th 2010 11:38PM Reddjoey said
@Reddjoey
Nevermind, turns out they were found to be screwing them over with EA a few years ago
http://www.joystiq.com/2009/01/29/nfl-must-pay-28-million-to-retired-players-in-madden-royalty-di/
Reply
Nevermind, turns out they were found to be screwing them over with EA a few years ago
http://www.joystiq.com/2009/01/29/nfl-must-pay-28-million-to-retired-players-in-madden-royalty-di/
Posted: Jul 8th 2010 1:35AM Ziekk said
@Reddjoey
Makes me wonder, if the decision, so far as we read here, was a 1st Amendment Right ruling, then how come Backbreaker and other games can't use NFL names themselves?
I'd like to go read the ruling and see if this opens EA up for a backlash of the sort.
Reply
Makes me wonder, if the decision, so far as we read here, was a 1st Amendment Right ruling, then how come Backbreaker and other games can't use NFL names themselves?
I'd like to go read the ruling and see if this opens EA up for a backlash of the sort.
Posted: Jul 7th 2010 11:44PM Mouthsmasher said
"Waaaaa waaaa waaaa! My likeness was used in a football video game so I'm going to sue!"
Stupid baby.
Stupid baby.
Posted: Jul 8th 2010 12:01AM Jason B said
I see a pair of floating teeth in that picture above. Is that the likeness he is suing over?
Posted: Jul 8th 2010 12:10AM ticklefist said
Posted: Jul 8th 2010 1:14AM (Unverified) said
jim brown is enough of a legend that ea should respect his wishes either way
Posted: Jul 8th 2010 1:25AM themisanthrope said
How exciting!
Posted: Jul 8th 2010 1:29AM themisanthrope said
@themisanthrope Ahh my god I am so not used to this new format! Not exciting! I hate sports games and don't give a poop about this article!!
Reply
Posted: Jul 8th 2010 2:03AM (Unverified) said
I'd be angry too if a company was using my likeness without permission. Seriously, EA. :\
Posted: Jul 8th 2010 2:03AM War Machine said
I think this article would benefit from including how using someone's likeness in a video game without permission is protected by the 1st amendment, or rather, why the court thought it was protected.
You only gave us half of the news here, Mr. McElroy.
You only gave us half of the news here, Mr. McElroy.
Posted: Jul 8th 2010 2:09PM Nobledevil Gaming Optimist said
@War Machine
That's the same stuff I was wondering. I want details on how a court says:
"Well, they were supposed to pay for the license to have you as a playable character and they didn't, but we don't care."
Reply
That's the same stuff I was wondering. I want details on how a court says:
"Well, they were supposed to pay for the license to have you as a playable character and they didn't, but we don't care."
Posted: Jul 8th 2010 3:34AM Courtney said
I'm usually one who is almost always for First Amendment arguments, but this is one that I can't buy into. If they have to license 95 percent of the rest of the stuff in the game, why do they get a First Amendment pass on an old player?
Posted: Jul 8th 2010 12:01PM Rotogar said
@Courtney
That is a really good question. There is also an interesting line between history and image. Is Jim Brown really trying to say EA cannot accurate report that he played in the league? 'Cause he's a public and historic figure. But does that give them the right to use his image as well?
Reply
That is a really good question. There is also an interesting line between history and image. Is Jim Brown really trying to say EA cannot accurate report that he played in the league? 'Cause he's a public and historic figure. But does that give them the right to use his image as well?
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