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stories filed under: "likeness"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
copyright, first amendment, likeness, publicity rights, sports stars, video games

Companies:
ea



Judge Says Video Games Can Use Sports Stars Likenesses

from the protected-by-the-first-amendment dept

Earlier court rulings have found that sports leagues cannot stop videos games from using player stats, since that's factual information. But, what about player likenesses? Many had assumed that was still forbidden without a license, but a new court ruling has found otherwise. Former football player Jim Brown had sued EA, claiming the use of his likeness violated his rights, but a district court judge has dismissed the case, saying that video games are "expressive works, akin to an expressive painting that depicts celebrity athletes of past and present in a realistic sporting environment," and thus are protected by the First Amendment. The case will almost certainly be appealed, but for now, it's a big win for video game makers and their ability to use player likenesses in their games without licensing them first.

12 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
intellectual property, likeness, martin luther king jr., privacy rights, publicity rights, speeches



MLK Jr. Estate Threatening To Sue Vendors For Selling Products With Obama And King

from the get-over-it dept

The family of Martin Luther King Jr. has unfortunately done plenty to tarnish the great man's legacy over the last few decades, specifically in being overly aggressive claiming "ownership" of anything having to do with King, and demanding money from various entities that show King's speeches. A decade ago they were involved in a big legal fight with CBS for showing King's I Have A Dream speech. Who knew that dream was locked up thanks to intellectual property laws?

Now the family is apparently threatening to sue anyone selling any kind of merchandise that includes images of King and President-Elect Obama, claiming that if others are making money off of King's image, King's family should get a cut: "We do feel that if somebody's out there making a dollar, we should make a dime." So, now, apparently that dream is to keep making money off a speech that was delivered decades ago.

24 Comments | Leave a Comment..

 
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