Likeness
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Lindsay Lohan's ‘Grand Theft Auto’ suit is on the road to nowhere
Lindsay Lohan has lost the appeal for her lawsuit against Take-Two Interactive, which alleged that the company's studio Rockstar Games used her likeness without permission for a character in Grand Theft Auto V. The case was originally dismissed back in 2016 because, well, it's legal to parody people in video games.
Riot Games loses 'League of Legends' lawsuit to retired soccer star
A Dutch court has ruled that developer Riot Games must pay former Netherlands midfielder Edgar Davids for using his likeness in League of Legends. According to the ruling, a championship skin used in the game infringed on his personal image rights.
NFL legend Jim Brown settles 'Madden' lawsuit with EA
Nearly eight years after Jim Brown sued EA over the use of his likeness in Madden 09, the two parties are finally settling the case. According to Hagens Berman, the law firm that represents the legendary NFL running back, Brown, 80, will receive a $600,000 compensation from the video game maker in exchange for a dismissal and release of his claims. Back in 2008 the former Cleveland Browns player said EA had asked to feature him in the popular football franchise, but he declined the request.
Appeals court sides with ex-NFL players in Madden likeness suit
A federal appeals court struck down Electronic Arts' appeal to dismiss a 2010 lawsuit in which retired NFL players alleged that the publisher used their likenesses without permission in Madden NFL 09. A three-judge panel unanimously declined EA's motion to dismiss the lawsuit on the grounds of First Amendment protections under "incidental use." Madden 09 included over 140 historic NFL teams as well as the stats and positions of thousands of retired athletes to celebrate the series' 20th anniversary, and EA allegedly altered jersey numbers and removed the players' names to avoid paying licensing fees, according to the August 2010 lawsuit. The judges referred to another recent likeness lawsuit in the opinion, in which former college athletes sued EA in May 2009 over the use of their likenesses in NCAA Basketball and NCAA Football games. EA proposed a $40 million settlement to that lawsuit in September 2013, resulting in those players earning up to $951 for each year their likeness was featured in the games. The publisher added $8 million in expenses related to that lawsuit in May 2014. EA introduced similar First Amendment-based defenses in its appeal for the retired NFL players lawsuit save for one additional argument: That the likenesses were protected under the First Amendment as incidental use. The judges "held that Electronic Arts's use of the former players' likenesses was not incidental because it was central to Electronic Arts's main commercial purpose: to create a realistic virtual simulation of football games involving current and former National Football League teams." The decision upholds a California court's March 2012 dismissal of EA's attempt to prevent the suit from going to court. Among the plaintiffs listed in the lawsuit is Sam Keller, a former Arizona State, Nebraska and Oakland Raiders quarterback that filed the original likeness lawsuit related to the publisher's college sports games. [Image: EA]
Judge: NCAA's likeness compensation rules violate antitrust laws
U.S. District Judge Claudia Wilken ruled yesterday that NCAA rules prohibiting student athletes from receiving compensation for the use of their images, names and likenesses violates antitrust laws, CBS Sports reported. NCAA rules do not allow colleges to pay athletes when their images are used in a video game series such as EA Sports' NCAA Football games, and Wilken said those rules "unreasonably restrain trade." Wilken is the same judge that ordered settlement talks between the NCAA and Ed O'Bannon in February, after EA agreed to settle its own likeness lawsuits with student athletes to the tune of $40 million in September 2013. EA canceled its next NCAA Football game at that time and began "evaluating [its] plan for the future of the franchise." The publisher later reported an additional $8 million in expected expenses as a result of the lawsuit settlement, which amounted to roughly $1,000 per athlete, per appearance in the games.
EA may pay almost $1,000 per college athlete for sports game settlement
Student athletes whose likenesses were used in EA's NCAA football and basketball games will receive up to $951 for each year they were featured in the games, according to a proposed settlement being put forth for approval by a judge. While EA proposed a $40 million settlement in September 2013 for its ongoing litigation with student athletes over its college sports series stemming back to May 2009, it hasn't been clear how that money would divide among the parties in the lawsuit until now. More than 100,000 current and former college athletes will have the potential to claim part of the settlement, according to CBS Sports. Of those athletes, roughly 7,000 of them are current players, based on estimates from Rob Carey, an attorney for former Nebraska quarterback Sam Keller. EA tacked on an extra $8 million in expenses related to the settlement in its fiscal 2014 financial results in May. Its proposed settlement followed the cancellation of its 2014 college football game, which would have been without the NCAA's logos and marks after the two parted ways in July 2013. [Image: EA Sports]
College football settlement costs EA another $8 million
When EA settled its ongoing litigation with student athletes in September 2013 related to its NCAA Basketball and Football video games, its expenses amounted to $40 million. Now, it is tacking on $8 million more in expected expenses for fiscal 2014, bringing the total to $48 million, according to the company's year-end financial results. EA reported $40 million in settlement expenses as recently as the last fiscal quarter, ending in December. The publisher canceled its 2014 college football video game in September, following the NCAA's decision to not renew its licensing agreement with EA in July. The settlement by EA and the Collegiate Licensing Company led to another lawsuit in November, this one by the NCAA against EA. EA planned to continue working with the CLC to develop college sports games without the use of the NCAA's marks and logos, a non-exclusive agreement that was slated to last three years. The college athlete likeness lawsuits stem back to May 2009. [Image: EA]
Report: EA requested college athlete likenesses prior to NCAA lawsuit
The NCAA reportedly considered licensing the names and likeness of student athletes to Electronic Arts for its college sports games before the publisher faced its class action suit led by Nebraska quarterback Sam Keller in May 2009. Documents from the ongoing Ed O'Bannon v. NCAA lawsuit reveal that EA sought to depict the athletes "just as they are shown on TV broadcasts" as of 2007, AL.com reported. "This means putting student-athlete names on rosters and on jerseys in the game, and secondarily using facial likenesses (this could be done in stages)," the NCAA document in question stated. The Collegiate Licensing Company (CLC) was also involved in the discussion, as documents stating the CLC's position involved in the O'Bannon lawsuit said that "using the rosters in the games, and maybe the names of student-athletes on jerseys in the game would be worthwhile." The documents also reportedly state that the NCAA was aware that EA already based rosters for its college sports games on real-life athletes. While EA and the CLC settled its lawsuit with student athletes to the tune of $40 million last year after canceling its college football game in development for this year, the O'Bannon v. NCAA lawsuit only just reached a new milestone today: U.S. District Judge Claudia Wilken ordered that settlement talks between both parties begin. The NCAA also sued EA and the CLC in November, alleging that EA failed to agree to compensate the NCAA for losses related to legal claims from student athletes after its proposed settlement. [Image: NCAA]
EA Sports UFC footage details fighter likeness
If there's one major selling point for EA Sports UFC, it's the detailed likeness of its fighters. The publisher touted as much in its latest trailer for the PS4 and Xbox One MMA game, which is due out this spring.
Get up close and personal with these new EA Sports UFC screens
EA Sports recently added a few names to the EA Sports UFC roster, joined by some in-game shots of fighters from the neck up. The fighters playable in the game and seen in the included gallery are former light heavyweight champ Forrest Griffin, "The Korean Zombie" Chan Sung Jung, Costas Philippou, Minotauro Nogueira, Demetrious Johnson, Rashad Evans and Chael Sonnen. Those fighters join the likes of co-cover athletes Jon "Bones" Jones and Alexander Gustafsson, Georges St-Pierre as well as female fighters Ronda Rousey and Miesha Tate, who were confirmed for the game in September. Certainly, athletes included in the 16-person cover fighter vote that began in November will be in the game as well, such as Chris Weidman, Dominick Cruz, Junior Dos Santos and Urijah Faber. The screens are meant to show the details of each athlete's likeness, but we just can't stop staring at Griffin's puffy cauliflower ears. Don't you want to poke at them? Boy, we sure do. EA Sports UFC will head to Xbox One and PS4 this spring.
Tiger Woods 'in negotiations' with another publisher for video game rights
Since pro golfer Tiger Woods' name and likeness are no longer attached to EA's Tiger Woods PGA Tour golf series, he is free to explore deals with another publisher. That is exactly what Woods' agent Mark Steinberg is doing, as he is currently "in negotiations with another company regarding Woods' video game rights," ESPN reported. EA announced earlier this week that it was parting ways with Woods following a report in April that Tiger Woods PGA Tour 15 wasn't happening. The publisher will maintain a licensing partnership with the PGA Tour for future golf games.
EA and NCAA's appeal rejected in likeness lawsuit
The Ninth Circuit Court of Appeals has rejected an appeal by EA and NCAA that college athletes' likenesses were protected by the First Amendment with regard to the development of EA's college football and basketball games. Just yesterday, EA motioned to dismiss a third amended complaint that added six current NCAA student athletes to certify the class in the lawsuit. The majority opinion held by the court stated that "EA's use of the likenesses of college athletes like Samuel Keller in its video games is not, as a matter of law, protected by the First Amendment." This began with former Nebraska quarterback Samuel Keller filing a class-action lawsuit against EA in May 2009. The suit has since been combined with that of former UCLA basketball player Ed O'Bannon, according to Bloomberg. NCAA opted to not renew its contract with EA for development of the NCAA Football series earlier this month. EA stated that it will move forward in developing college football games with licensing provided by the Collegiate Licensing Company for the next three years on a non-exclusive basis.
Attorney leading lawsuit against EA: NCAA 'ducking its responsibilities'
Steve Berman, managing partner of Hagens Berman, the law firm alleging that NCAA and EA illegally used college athletes' names and likenesses in its NCAA Football series, said "the NCAA's decision to end its long and hugely profitable relationship with EA is tied directly to the pressure our litigation is bringing [to] bear," in a statement to the media. "This announcement makes plain that the NCAA is attempting to mitigate the damage by ducking its responsibilities," Berman said. The lawsuit in question is one of two from Hagens Berman against EA, the other having been settled in July 2012 by EA for $27 million with the requirement that EA not renew its exclusive license with NCAA for five years. NCAA's announcement this week that NCAA Football 14 would be the last game in the series to use the NCAA branding included a note that "given the current business climate and costs of litigation, we determined participating in this game is not in the best interests of the NCAA," pointing to the ongoing legal battle as reasoning for its departure from the partnership. "Our suit illustrates how the cabal between the NCAA and EA has exploited student athletes for years, using their images in video games without compensation," Berman said. "While we are heartened they've stopped the practice, we believe they owe those student athletes a great deal more than their implied promise to stop stealing their images." EA announced that it will continue development on next-gen college football games without the use of NCAA branding. It will do so under a non-exclusive, three-year agreement with the Collegiate Licensing Company beginning on July 1, 2014.
Total War fan will live on as a character in Rome 2
The Creative Assembly has decided to include the likeness of one of their fans, named James, in the upcoming Total War: Rome 2. James visited the studio last year the day after the game was announced, and unfortunately passed away from a bout with liver cancer just recently. The Creative Assembly says he was the first person in the world from outside the studio to play the game, and character artist Mauro Bonelli offered to assemble a model of James from reference photos and measurements. The screenshot above is a mockup for now, as Creative Assembly community manager Craig Laycock says the company isn't sure where he'll end up. But he will be in there, according to Laycock, and the team is "determined to make it a fitting tribute" to their fan when the game is on shelves later this year.
