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Jim Brown takes on EA and Sony

By Chris Bennett, Tudor Carsten, Michael R. Coburn, Sarah Dale-Harris, Pablo Guzman, Danielle (Dani) Lemon, Chris Metcalfe and David Spratley

Former Cleveland Browns player Jim Brown is suing Electronics Arts and Sony for using his image in EA's Madden NFL series without his authorization.

Brown takes the position that video games had not yet been invented when he was playing football in the NFL, and he therefore never had the chance to make the decision to sign away the rights to his image to be used in video games. Also, in his day the NFL prohibited players from using lawyers or agents when negotiating contracts, compensation, etc.

Brown is claiming unspecified damages and an order to cease the use of his image. According to reports, Brown is not actually named in the game but claims that the Browns player wearing the number 32 (his number) must necessarily refer to him.

EA has an exclusive licence with the NFL until the end of the 2012 season that covers all NFL the teams, players and even stadiums.

If this lawsuit is successful, EA will have the difficult task of having to sign contracts with all players. A possible compromise is that Electronics Arts will sign a deal with the unions representing the retired players.

Coverage at Gamasutra and Sports.ign.

Submitted by Amanda Alfieri, Articled Student

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Full post as published by Video Game Law Blog on August 12, 2008 (boomark / email).