Jim Brown suing NFL videogame makers
08-03-08, 09:08 AM
#1
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Jim Brown suing NFL videogame makers
http://videogames.yahoo.com/feature/...a-sony/1234058
Football great Jim Brown suing EA, Sony
Hall of Famer is mad about Madden.
By Ben Silverman
After years of barging over husky defenders on the gridiron, ex-Cleveland Browns running back Jim Brown is attempting to tackle two serious video game heavyweights in court.
According to Bloomberg, Brown has filed suit against Sony Computer Entertainment America and Electronic Arts over using his likeness in the popular Madden football series. He seeks a court order preventing either company from continuing to use his likeness in the franchise as well as damages stemming from trademark violation.
At issue is the starting running back on Madden's "All Browns Team." The character is African-American and bears the same jersey number Brown made famous -- number 32. In the suit, Brown claims that he "never signed away any rights that would allow his likeness to be used."
He also mentions that unlike today's players, he was not given the option to negotiate terms during his NFL heyday.
"The NFL had league wide policy that players shall have no lawyers or agents when negotiating compensation," he said in the complaint. "Video games were not invented yet and no union to obtain rights from existed.''
EA and Sony have yet to comment on the matter.
***
If this goes to court and Brown wins, it would seem to open the floodgates for any other player or their estate to sue as well. Right?
Football great Jim Brown suing EA, Sony
Hall of Famer is mad about Madden.
By Ben Silverman
After years of barging over husky defenders on the gridiron, ex-Cleveland Browns running back Jim Brown is attempting to tackle two serious video game heavyweights in court.
According to Bloomberg, Brown has filed suit against Sony Computer Entertainment America and Electronic Arts over using his likeness in the popular Madden football series. He seeks a court order preventing either company from continuing to use his likeness in the franchise as well as damages stemming from trademark violation.
At issue is the starting running back on Madden's "All Browns Team." The character is African-American and bears the same jersey number Brown made famous -- number 32. In the suit, Brown claims that he "never signed away any rights that would allow his likeness to be used."
He also mentions that unlike today's players, he was not given the option to negotiate terms during his NFL heyday.
"The NFL had league wide policy that players shall have no lawyers or agents when negotiating compensation," he said in the complaint. "Video games were not invented yet and no union to obtain rights from existed.''
EA and Sony have yet to comment on the matter.
***
If this goes to court and Brown wins, it would seem to open the floodgates for any other player or their estate to sue as well. Right?
08-03-08, 09:30 AM
#2
DVD Talk Hero
Only the "legends", I'm pretty sure likeness is and has been covered in NFL contracts for quite sometime now, and seeing how EA signed with the NFL and the NFL contracts the players, it won't be an issue 99% of the time. Brown has been out of the NFL for such a long time that a likeness clause could very well be missing from his contract.
08-03-08, 10:23 AM
#3
DVD Talk Legend
I mentioned this is in the NFL thread, but I'll say it here too.
It's a stupid lawsuit IMHO, because they aren't really using his "likeness." It's just a generic player with his assumed abilities and uniform number. They have been doing this for years, and as long as they don't use the name or actual likeness (such as the player's face), they can do what they want. For instance, Lavar Arrington, who refused to sign the Player's Association licensing pact a few years ago, was still included this way.
I wonder why Sony is the only hardware company involved. Why aren't MS and Nintendo targeted as well?
It's a stupid lawsuit IMHO, because they aren't really using his "likeness." It's just a generic player with his assumed abilities and uniform number. They have been doing this for years, and as long as they don't use the name or actual likeness (such as the player's face), they can do what they want. For instance, Lavar Arrington, who refused to sign the Player's Association licensing pact a few years ago, was still included this way.
I wonder why Sony is the only hardware company involved. Why aren't MS and Nintendo targeted as well?
08-03-08, 01:30 PM
#4
DVD Talk Hall of Fame
And just how much money do football players make from having their likeness in the games? I'd say it's a VERY low figure. Like next to nothing... I'd be curious to know if anyone could find out though.
I know wrestlers get quite a bit of money for appearing in the Smackdown vs Raw games. But for football, there's just way too many players to make it financially feasible for the gamemakers.
I know wrestlers get quite a bit of money for appearing in the Smackdown vs Raw games. But for football, there's just way too many players to make it financially feasible for the gamemakers.
