Jim Brown vs. Electronic Arts: Fumbling Over Intellectual Property

In 2008, NFL legend Jim Brown filed suit against videogame manufacturer Electronic Arts (“EA”) for the use of his likeness in their Madden NFL title without consent.  EA claims they are shielded by the 1st Amendment to profit by including Brown’s likeness in its games.  Brown’s game-based jersey number and name are fictitious, but his team (Cleveland Browns), physical description and accomplishment described therein leave little doubt he is the subject.

Late U.S. District Judge Florence-Marie Cooper sided with the defendants in September 2009, and Brown appealed to the 9th Circuit.  Lady Justice has spotted the ball on the 20 yard line – could Brown add another proverbial rushing touchdown to his impressive collection?

2 thoughts on “Jim Brown vs. Electronic Arts: Fumbling Over Intellectual Property

  1. you know…Jim Brown should be compensated for his likeness being used
    in the video games….enormous profits are generated in these games and the
    corporate managers should share with
    Mr. Brown…and quit being so greedy…
    Corporate Greed is quite the cancer…and people…are beginning to truly realize it…ie..Enron…and
    the like…

  2. Part of celebrity and fame is getting paid for it. So a famous person gets paid for the use of his personna. So Jim Brown gets paid.
    How did the judge get around that?

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