Jim Brown's Case Against EA Dismissed
Both the NY Times and Gamasutra report that Jim Brown's case against EA, suing for a use of his likeness to endorse the Madden franchise, was thrown out by United States District Court Judge Florence-Marie Cooper.
In a decision by Cooper, it was stated:
The Madden NFL video games are expressive works, akin to an expressive painting that depicts celebrity athletes of past and present in a realistic sporting environment.
This supports EA's case that video games fall under the protection of the First Amendment, and has a few raising eyebrows over the the class action suit brought forth by Sam Keller against both EA and the N.C.A.A. The difference lies in the basis of the arguments: Brown argued that they were using his image to present a false endorsement, whereas Keller's case presents that the companies are profiting from and in violation of his right to publicity. Cooper has not ruled out that Brown could refile to make a similar claim.
This is all brought forth because there are rules in place that prohibit the use of individual athletes' names when it comes to marketing.
While the case for the right to publicity is still in the air (again, possibly in both cases, if Cooper decides to refile), the judge's statement about videogames being expressive works is the one I will likely be keeping my eye on for in the future.
VorpalBunny
Posted to Miscellany on 1 October 2009
Other stuff like this: ea, legal action, madden, ncaa
