EA Sports faces lawsuit from ex-NFL players over Madden games
A federal appeals court has rejected requests made by Electronic Arts Inc. (EA) to dismiss a lawsuit by former NFL players claiming that the company used their likenesses in video games without the players’ permission.
A 3-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco rejected EA’s arguments that the players’ likenesses were “incidental” and were protected by the First Amendment.
“EA’s use of the former players’ likenesses is not incidental, because it is central to EA’s main commercial purpose – to create a realistic virtual simulation of football games involving current and former NFL teams,” Circuit Judge Raymond Fisher wrote.
The court had rejected similar arguments made by EA to dismiss a lawsuit in 2013 over the likenesses used in a college football game. The court called the arguments in the current case “materially indistinguishable” from the reasons for rejecting the request to dismiss the college case.
However, EA spokesman John Reseburg reaffirmed EA’s belief that its depiction of NFL players in its games was protected by the First Amendment.
“We’re disappointed with the panel’s decision,” Reseburg said. “We believe in the First Amendment right to create expressive works – in any form – that relate to real-life people and events, and will seek further court review to protect it.”
“Pleased with the ruling”
“We are pleased with the ruling and look forward to moving the case forward,” said Brian Henri, an attorney for the players.
EA Sports is the developer behind the immensely popular Madden NFL mega-franchise, which has released over 30 games in the last 26 years on every system from the Super Nintendo to the Xbox One and PlayStation 4. Madden NFL had already grossed over $3 billion in total sales by 2010.
In 2004, EA gained exclusive rights to publish NFL games, which allows the company to use team names and logos, but does not grant them explicit permission to use the likenesses of individual players.
The plaintiffs named in the current lawsuit include former Los Angeles Rams quarterback Vince Ferragamo and three other players. Sam Keller, another player named in the suit, was also a plaintiff in the college lawsuit, for which Keller and other claiments received a $40 million settlement.
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