On Presidents and Prime Ministers Appearing in Games

September 27, 2010 -

In light of President Obama’s appearance in Madden NFL 11 and the upcoming NBA 2K11, Kotaku took a look at the Politics of Presidential Appearances.

In both games, a representation of Obama is used to help celebrate a Super Bowl win or an NBA championship. While the President does have rights to his likeness, Villanova University School of Law Professor Michael Risch stated that, “A sitting president is probably never going to sue.”

Kotaku wrote:

Essentially, a president is the one A-list celebrity you get to use for free, provided you’re not too egregious about it. A sitting president filing a civil suit over the unauthorised use of his image is as bad a play politically as could be imagined, especially if the work in which he’s appearing is complimentary and respectful as is the case with Madden and NBA 2K.

The piece argues that a President would never sue over the use of his likeness, unless his family was involved and/or depicted, or his appearance was meant to construe an endorsement of sorts, neither of which comes into play with his popping up in videogames. While Obama does appear in NBA 2K11 with a Spalding basketball, Kotaku notes that it is the official league ball.

While Obama could sue, but probably won’t, Jas Purewal over at the UK’s Gamer/Law blog was inspired by the Kotaku piece enough to theorize about the similar usage of Prime Minister David Cameron's likeness.

Purewal wrote:

There is no equivalent right of publicity under English law.  The courts have considered (and are still considering) the matter through case law but so far their approach has been that individuals do not need a right of publicity (if they feel sufficiently strongly about an unauthorised use of their likeness, they can rely upon other legal remedies such as passing off, but the application of such remedies to celebrity publicity cases is untested as far as I know).  Or, I suppose, he could potentially rely upon defamation law if the effect of including him in a game was defamatory.


Comments

Re: On Presidents and Prime Ministers Appearing in Games

Ew, I'm glad I don't play these games.

 
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prh99John Romero's Christmas present, a custom Icon of Sin sculpture. http://www.pcgamer.com/john-romero-gets-the-icon-of-sin-for-christmas/12/25/2014 - 3:37am
Matthew Wilsonthe interview will be on youtube/xb1/ andriod today.12/24/2014 - 1:05pm
james_fudge1900's?12/24/2014 - 12:56pm
james_fudgeYeah we could go way way back :)12/24/2014 - 12:56pm
E. Zachary KnightCopyright law in general has been broken since at least 1976. Could be even earlier than that.12/24/2014 - 12:24pm
james_fudgeWhat he said :) They want to make it worse than it already is.12/24/2014 - 12:14pm
Papa MidnightDMCA has been broken since 1998. Good luck getitng Congress to do something about it.12/24/2014 - 11:39am
Craig R.At least they owned up to the mistake. But doesn't change the fact that DMCA is thoroughly broken.12/23/2014 - 5:23pm
MaskedPixelanteSpeaking of Dark Souls OMG I'M MAKING ACTUAL PROGRESS WTH IS THIS WHAAAAAAA12/23/2014 - 10:49am
MaskedPixelantehttp://www.neogaf.com/forum/showpost.php?p=144500932&postcount=740 Yup, DSFix was part of an unrelated take down, and is being resolved.12/23/2014 - 8:04am
prh99Of course had they not done such a rush on the port we wouldn't dsfix to make the game not look and play like ass. 720 internal renders aren't so hot scaled to 1080.12/23/2014 - 7:38am
Papa MidnightIt was most likely an automated tool. Happens all the time. Just another case of the broken DMCA Claim and Takedown process that puts the entirety of the burden of proof on the accused instead of the claimant.12/22/2014 - 10:09pm
Conster*applauds IanC*12/22/2014 - 7:37pm
MaskedPixelanteSounds like BN was going after an unrelated mod, and took out DSFix in the process. Probably once a counterclaim goes out, this'll all be sorted out.12/22/2014 - 7:04pm
Matthew Wilsonhttp://www.neogaf.com/forum/showpost.php?p=144440299&postcount=1 wtf is namco thinking.......12/22/2014 - 6:17pm
MaskedPixelantehttp://www.joystiq.com/2014/12/22/read-the-fine-print-ubisoft-free-game-offer-waives-lawsuits/12/22/2014 - 6:00pm
Papa MidnightI kind of liked the movement to have Terry Crews play him instead, but this will do.12/22/2014 - 3:40pm
MaskedPixelantehttp://marvel.com/news/tv/23866/mike_colter_to_star_as_luke_cage_in_marvels_aka_jessica_jones#ixzz3MeuUl63P Mike Colter is Luke Cage.12/22/2014 - 3:23pm
IanCBecause that isn't Max Payne 3. It might have the name, but it isn't an entry in the series.12/22/2014 - 12:48pm
IanCOh theres a Max Payne 3? A proper one, or are we referring to that abomination that Rockstar crapped out a few years ago12/22/2014 - 12:48pm
 

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