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Lawsuit Over Use Of Former NFL Players' Likeness In Madden Moves Forward
A lawsuit involving former NFL players and their likenesses as they appear in Electronic Arts' Madden games is moving forward despite EA's attempt at an appeal.
The lawsuit is related to EA's use of the likenesses of former NFL players in Madden games. Players like former Los Angeles Rams quarterback Vince Ferragamo says his likeness and the likeness of other former players have been appearing in Madden games without their permission. EA attempted to appeal the lawsuit saying, "We believe in the First Amendment right to create expressive works – in any form – that relate to real-life people and events, and will seek further court review to protect it."
Circuit Judge Raymond Fisher wrote in the opinion about the decision to deny EA's appeal that the company does not do enough to transform the players’ likeness to claim artistic representation.
In a similar case related to the likeness of college football players in the now defunct NCAA games, EA lost and is now paying out money to student athletes affected by the lawsuit. You can read more about that lawsuit here.
[Source: AP]
Our Take
I'm surprised to learn EA did not have full permission to feature former NFL players in its Madden titles. After this and the NCAA lawsuit, it makes me wonder if it will continue to be worth it to release Madden titles every year for EA. I'm guessing it will be, but considering the problems that crop up when dealing with the assorted licensing issues and bureaucracy inherent with working with the NFL, it must be a troubling headache.
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