Electronic Arts will pay NFL Hall of Famer Jim Brown $600,000 as part of a voluntary judgment in a likeness case that was taking place in Phoenix. The settlement means that the case will be dismissed and Brown’s claims will be released.
Brown was suing EA over Madden, and its usage of Brown without his permission. According to Brown, the company had come to him to ask permission, but Brown refused to allow his likeness in the game. EA Sports still put Brown in the game, despite his denial of permission.
EA’s best-selling Madden NFL football game allowed users to play as Brown’s team (the 1965 Cleveland Browns) and other historic franchises. Brown’s suit alleged that EA asked to use his likeness and that he expressly refused. EA nonetheless created an avatar in the game that mimicked Brown’s height, weight, skin color, experience, team, position and ability level.
EA claimed that the usage of Brown’s likeness was “incidental”, which is pretty hilarious.
The offer of judgment followed several major court defeats for EA. A Los Angeles court denied EA’s motion to dismiss in 2015, ruling that the First Amendment did not entitle EA to use Brown’s likeness. EA argued that the use was merely “incidental,” but the court rejected that argument, stating “Jim Brown is not a 1 in 7,500 player…Brown is iconic and unique. His likeness is not merely incidental to the game.” EA appealed that ruling to the California Court of Appeals.
The former Cleveland running back is among a number of former NFL players who have gone after EA Sports. A group of former players filed a lawsuit in 2010, alleging that they were used on similar classic teams without their permission. EA also lost this case and its request to have its appeal heard by the Supreme Court was denied in March.
The Madden cases are just the tip of the iceberg for EA Sports and its copyright issues. The company began paying out $60 million in March as a result of a settlement over the NCAA Football games. These payments went out 24,819 former athletes.
