EA is at the centre of a class action lawsuit consisting of approximately 6,000 retired National Football League players who are claiming that EA unlawfully used their likenesses in Madden NFL 09’s historic teams.
Allegedly EA “knowingly and intentionally” used the retired players’ likenesses and their exact player stats and positions from when they were active in the league, including height and weight. The only thing changed was names and uniform numbers.
The suit says the following;
“The only significant detail that EA changes from the real-life retired NFL players is their jersey number. Despite EA’s ‘scrambling’ of the retired NFL players’ numbers, the games are designed so that consumers of the Madden NFL video game franchise will have no difficulty identifying who the ‘historic’ players are.”
The class seeks punitive damages for deprivation and violation of publicity rights. Â An EA representative has said the company does not comment on pending litigation.
Source: IGN
GhostViper
The land of lawsuits.
Paranoimia
Jeez, don’t these sports pros make enough money in their careers?
Note to developers and publishers: I’m just an average looking guy with no special skills, but if you ever want to use my likeness in a game, I wouldn’t sue for it. In fact, I’d be flattered.
scavenga
+1
baska
doesnt EA make enough money.. surely they dont have slam thru a loop hole… pay the men who worked hard in the sporting careers. its only fair.
baska
plus being the fact that they are “historic players” they probaly didnt make that much money, not compared to the players now, and also EA probaly thourgt they could get away with it, otherwise they wouldnt have done what they did. its about time these big companies learn they cant just do what they like… they should be made an example out of.
Paranoimia
I don’t see what’s unlawful about it. If the NFL license is anything like the FIFA license, I’d imagine it gives EA the rights to use whatever NFL-related imagery and likenesses they want.
The players signed to the NFL, and the NFL have control over the rights. EA pay the NFL for the rights, and it’s up to the NFL to distribute those proceeds accordingly. If anyone, these players should be suing the NFL, not EA.
It never ceases to amaze me how people can pursue careers where fame and public recognition are obvious side-effects, then complain when people use their image or likeness.
It could also be argued that EA aren’t making money off their likenesses, simply because the game wouldn’t be any cheaper if they weren’t in it.
And of course, Madden 09 came out in 08 – so if they’re that put out by it why have they waited almost 2 years to sue? Plus, why are they not also suing the creators and owners of the numerous books and web sites which no doubt also contain that information, and have probably done so for very many years?
Like so many other cases recently, this just smacks of a group of people looking to make a quick buck out of a very successful games industry.
a inferior race
The FIFA license that EA use is not global rights for all football as they still have to negotiate contracts with each league and in some cases indivdual teams.
However, I’m unsure as to what the NFL license includes as it could make sense that a retired player is no longer part of the NFL and is therefore not automatically party to any agreement between the NFL and EA.
spooferbarnabas
Actually, these people didn’t earn that much when they played years ago and are on poor pensions from the NFL so it’s not as bad as you make out
DannyFantango
I disagree.
If people are buying the game because you are in it then shouldn’t you get paid?
Also, it’s probably one of those instances where old players are jealous of how in their day the wages weren’t as good as they are now and envy that current players are being paid for their licences.
Much like how Delia Smith was a celebrity cook before there was tons of money in it so has tried to capitalise recently with terrible ‘cheat’ books.
cc_star
If you’re likeness & name (therefore your personal brand built up through your career) is in a game, then you should be recompensed in some way.
EA make a big thing of “If its in the game its in the game” so real people are important to them and their sales tactics.
Cough up EA or take them out and don’t trade off their success
matty
isn’t that what they do on pro evo? or do they give the players some money?
stingraz
no, biscuits.
bajere
seems fair enough. if people are buying a game packed full of player likeness’, then just because that player is no longer active in the NFL shouldn’t mean EA can ignore them and not pay the same royalties as the active players in the league.
AnimaOnline
*Sigh* Why do they care? It’s the money obviously. Everybody’s in it for themselves these days.
bajere
??? of course its for the money… If Pele,Best and Hurst were in this years FIFA don’t you think they/or families would get some royalties?!?! Likewise, if they added a Beetles or Jimmy hendrix tracks to the menus, dont you think they would also get paid??
I don’t really see why people are jumping all over this like the players are being petty or don’t deserve the cash. its how these sorts of things work!?!?
DrNate86
Ooops!
Tuffcub
Im suing the makers of American Pie 3: The Wedding
hairfreax
For the time you will never get back !
DeathlyCrane
hey i liked tha film >=D
bunimomike
Lifetime ban from TSA!
nemesisND1derboy
That was a gas movie lol
djhsecondnature
6,000 retired in less than two years! That’s an insane turnover.
tonycawley
Not sure whether you’ve got the wrong end of the stick or whether you’re joking.
Crazy_Del
no it’s 6,000 players from 1970’s to present starting Tony Davis the running back from Benegals and the other team (I can’t remember)
nemesisND1derboy
Well done EA, don’t you realise that these people have ,ade millions over their careers, and STILL want more? Amateurish really… ;)
spooferbarnabas
The majority of players who were playing years and years ago didn’t earn that much and are not rich now so you should check that before making such a comment
arodmell
Oh dear for EA. ROFLMAO