Jim Brown Sues Sony, EA Over Alleged Use Of Likeness In Videogame

Brown Suing Sony, EA Over Using His Likeness In Videogame

Pro Football HOFer Jim Brown has sued Sony Computer Entertainment and Electronic Arts, accusing the companies of "using an electronic football-game character based on him without his permission," according to Patricia Hurtado of BLOOMBERG NEWS. The character appears in a videogame as a "muscular, African-American running back wearing the number 32 jersey who is featured in the game's 'All Browns Team.'" Brown is seeking a court order stopping the game makers from using his likeness (BLOOMBERG NEWS, 7/31). GAMESPOT.com's Brendan Sinclair noted this year's EA Sports "Madden NFL 09" videogame, among other features, includes the "licensed names and likenesses of some retired gridiron greats." EA previously "included historical teams in its games by omitting names and faces, but merely including numbers." Brown is seeking an "injunction against EA selling the game, the forfeiture of all materials bearing his likeness, and disgorgement of all profits earned" from the sale of the "Madden" games (GAMESPOT.com, 7/31). In N.Y., Jose Martinez reports the suit, filed in Manhattan Supreme Court, "seeks unspecified damages." Brown contends that he "never signed away the rights to the use of his image that would allow it to appear in the video game" (N.Y. DAILY NEWS, 8/1).

WILL IT WORK? In St. Louis, David Sheets writes Brown is "up against two huge companies making millions off of 'Madden,' and the NFL hasn't immediately rushed to his defense. Plus, there's an argument floating around that the NFL owns its past and can distribute it to the league's advantage, regardless which legends are involved" (STLTODAY.com, 8/1).