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.

 
Forgot your password?
Username :
Password :

Poll

Have you visited a video game arcade in the last year?:

Shout box

You're not permitted to post shouts.
MechaTama31I sure have. Dorky's barcade in Tacoma, WA.08/20/2014 - 5:56pm
Matthew WilsonI have not been to a arcade in years. I know arcades are still big in japan.08/20/2014 - 5:38pm
Sleaker@AE - Ah no it's called GroundKontrol - I was just referring to it as a Bar-Arcade.08/20/2014 - 4:39pm
Andrew EisenStill looking for confirmation that High Moon Studios (dev behind the PS3/360 versions) isn't working on it.08/20/2014 - 4:38pm
ZenGotcha.08/20/2014 - 4:37pm
Andrew EisenI already updated the story with it!08/20/2014 - 4:36pm
Zenhttp://www.gonintendo.com/s/235574-treyarch-isn-t-working-call-of-duty-advanced-warfare-for-wii-u-either08/20/2014 - 4:36pm
ZenLet me send the link for the Tweet as well...they state Treyarch is not working on it. Grabbing it now.08/20/2014 - 4:34pm
Andrew EisenWhere does it say that "NO dev is working on it"?08/20/2014 - 4:33pm
ZenHere's the link for my last comment: http://www.ign.com/articles/2014/08/20/call-of-duty-advanced-warfare-not-coming-to-wii-u08/20/2014 - 4:24pm
ZenWell, Call of Duty is skipping Wii U completely it seems...they updated that NO dev is working on it. Great way to just skip a market.08/20/2014 - 4:24pm
Andrew EisenYeah, Dave and Busters back in 2011 was the last time for me.08/20/2014 - 4:16pm
ZenWell, I tried lol. We just got a Dave and Busters on the beach but haven't been there yet...may go this weekend.08/20/2014 - 3:52pm
Andrew EisenIt's called The Bar-Arcade? Missed opportunity. I would have gone with Barcade.08/20/2014 - 3:25pm
SleakerThe Bar-Arcade however did have a lot of good pinball machines, they were however always taken as the place was packed..08/20/2014 - 1:17pm
Sleakerso I've been to an Arcade-Bar, not that great of a place has some okay machines, but generally over-packed. And then all the kid-friendly ones have is ticket-games nothing actually good unfortunately :(08/20/2014 - 1:14pm
Andrew EisenIf it has an area dedicated to arcade machines, I'd say it counts. Arcade machine in your house though, nope.08/20/2014 - 12:16pm
ZenDoes it count if you have actual arcade machines in your house?08/20/2014 - 12:01pm
E. Zachary KnightWith the current poll, I guess it all depends on how one defines "arcade". If Chuck E Cheese or similar multipurpose businesses count, then that is a yes for me.08/20/2014 - 11:59am
ZenLet the ax fall Sleaker...lessons MUST be learned...08/20/2014 - 11:44am
 

Be Heard - Contact Your Politician