July 7, 2010
Pro-football Hall of Famer Jim Brown has filed an appeal in his case against Electronic Arts over the inclusion of what he says is his likeness in the publisher’s Madden series of games.
Brown’s case was originally dismissed in September of last year by (now-deceased) U.S. District Court Judge Florence Marie-Cooper, who likened videogames to realistic paintings of athletes and “akin to an expressive painting that depicts celebrity athletes of past and present in a realistic sporting environment.”
The New York Times reports that Brown, in his filing, believes that he did not have a chance to demonstrate the facts of his case before Cooper’s ruling.
Semi-realistic painting of Jim Brown from Larry E Shelton
Comments
Re: Brown Seeks New Set of Downs in EA Suit
You know, I never actually thought of it that way... I guess it comes down to whether or not a person can copyright their likeness. At first glance, I thought this might mean that anybody could make an NFL game, but it may be slightly more complicated though. These video games involve using the NFL trademark and team names and logos, not just the players' likenesses.
Re: Brown Seeks New Set of Downs in EA Suit
While I am disheartened that Brown may not have had a chance to present his case effectively, I am glad to see SOMEONE in a position of authority equate games to art.
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