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Jim Brown suit over Madden NFL dismissed

Judge sacks retired running back's complaint, calls EA football games "expressive works" protected by First Amendment.

Legendary Cleveland Browns running back Jim Brown was an unstoppable force on the field. However, the courtroom has proven less kind to the NFL Hall of Famer and star of such action films as The Dirty Dozen and Three the Hard Way. According to the New York Times, the lawsuit Brown filed against Electronic Arts last year was dismissed last week by a federal judge.

In shutting down Jim Brown, EA managed something few NFL defenses could ever dream of doing.

In shutting down Jim Brown, EA managed something few NFL defenses could ever dream of doing.

Brown had been alleging that Electronic Arts was illegally profiting from his likeness and identity due to the publisher's inclusion of a physically and statistically similar running back on its "All Browns Team" of Cleveland football greats. According to the Times, United States District Court Judge Florence-Marie Cooper tossed the suit, citing a First Amendment right on EA's behalf to have characters resemble celebrities.

"The Madden NFL video games are expressive works, akin to an expressive painting that depicts celebrity athletes of past and present in a realistic sporting environment," the judge wrote.

While that decision puts the Brown suit behind EA, the publisher's legal battles over likenesses in its sports games are by no means over. Earlier this year, former Arizona State and University of Nebraska quarterback Sam Keller sued EA and its collegiate partners over depictions of student athletes in NCAA Football games. The Times report states that earlier this week, Brown and fellow retired NFL player Herb Adderley asked permission to weigh in with a friend-of-the-court brief in Keller's case.

50 Comments

  • nsb2188

    Posted Oct 19, 2009 7:32 am GMT

    JIm Brown is a legend but i dont think he should have sued over something as trivial as this cuz he is just mad he didnt get his $$.

  • robertdobert

    Posted Oct 18, 2009 12:46 pm GMT

    were able to talk sh*t to celebs because we have freedom of speech. we can talk sh*t to anyone.

  • charlesworth89

    Posted Oct 17, 2009 3:24 pm GMT

    yeah at some point if you are famous enough you're considered public property and slander laws dont apply. Thats how we're all able to talk sh*t about celebs

  • Rizer

    Posted Oct 17, 2009 2:33 pm GMT

    So...you are not even entitled to your own looks and personality anymore as long a form of media is using it...this is kinda disturbing.

  • rygar9

    Posted Oct 2, 2009 9:19 am GMT

    yeah greatest b-ball game of all time had them all bird,parrish,dennis johnson,magic,wilkens.JORDAN,barkley. i may just go dig-it out.

  • rygar9

    Posted Oct 2, 2009 9:07 am GMT

    type the damn name in the 'gamespot' search bar and there it is you dont even have to leave the site call somebody out dont even know what your talking about

  • rygar9

    Posted Oct 2, 2009 9:03 am GMT

    all i can say is look it up? i played it for years tecmo b-ball. pretty sure nintendo but could be snes there both in storage or i'd send you a pic you kids these days know it all.do your research or ask jeeves or somrthing

  • NuKkU

    Posted Oct 1, 2009 5:34 pm GMT

    dude these people are rich already they should be honored they are in a video game man freakin greedy

  • Triton

    Posted Oct 1, 2009 4:33 pm GMT

    Hey Jim, sit in the nursing home and play with yourself on the Wii...

  • power-fantastic

    Posted Oct 1, 2009 11:46 am GMT

    ZedX, Jim Brown is from an era where Blacks needed a champion to speak to voice their concerns. Whether you feel he is spewing propaganda is your opinion and should be respected or at least tolerated. One's neighborhood (you say South Central) in which they live or are born has no determination on the class/character or lack there of they exhibit during their lives. To assume that a group of people from a particular neighborhood have less class than Tiger Woods Mom & Dad (as storied a life as he had) is ignorant in my opinion.

  • Get_Shorty

    Posted Oct 1, 2009 10:38 am GMT

    This is why Weird Al can make "spoofs" of rappers and singers in his videos, because it's not actually them! If J. Brown had done his research he would have seen that Jordan never had his name mentioned in current games (at that time) but had a character 'like' him and he never complained because it's all in a name. NFL2K should make a whole NFL game based on real stats, just don't use the players real names.

  • gameweasl

    Posted Oct 1, 2009 9:31 am GMT

    @rygar9 Jordan wasn't in any full NBA game he controlled his own likeness shortly into his carrer. Now you might be thinking of Bulls vs Lakers which wasn't a complete NBA game and was lame.

  • ZedX-14Pilot

    Posted Oct 1, 2009 9:27 am GMT

    You know, Jim was a GREAT player, but his racial propaganda is getting old. Now he is suing for his 'likeness' being used. With a helmet on, how does he even try to prove that the model in the game is him? We all know it is supposed to be him, but, unless his real pic and name are in the game, prove it. What, now players should be allowed to sue because somebody created a player with his stats? Just stupid. Stop with your stupidity Jim! Your bitterness is really getting ridiculous. And STOP b******g about Tiger not doing more for 'his people'. Who cares if he is HALF black, his father was a military officer, Colonel I think, which goes to show he has NOTHING in common with kids from the hood. His parents have more class AND character in their little pinkies than anyone in south central will ever have. He doesn't owe anyone anything, especially ghetto people he has nothing in common with. So you weren't around for the era where players are making millions, GET OVER IT! Your name and legacy are being tarnished the longer you keep b******g about it.

  • rygar9

    Posted Oct 1, 2009 8:25 am GMT

    justforfun44 michael jordan was in a nba b-ball game tecmo b-ball for the nes or snes cant remember which one but my buddy was always chicago and i was always utah and couldnt be siopped stockton for 3 stockton to hornacek for 3 stockton to malone for 2 down low congrats john stockton for hof induction won me many of games for 5 a pop

  • Justforfun44

    Posted Oct 1, 2009 7:11 am GMT

    It doesn't make a lot of sense to me. So they can put a guy that looks like you and change the name so they don't have to pay you. I remember Michael Jordan was never in an NBA video game because it was always about profit for Michael. Am I to believe that there were characters that played like Michael, but were named MJ instead? This sucks for all these great athletes that will not be paid. If this was an actor could they make a digital likeness and not pay the actor for it?

  • StingrayA

    Posted Sep 30, 2009 10:31 pm GMT

    I think thats just stupid. "According to the Times, United States District Court Judge Florence-Marie Cooper tossed the suit, citing a First Amendment right on EA's behalf to have characters resemble celebrities ", I agree with Oleg. Does that mean i can hop on a plane to America and make a game with Arnold Schwarzenegger and not have to pay him a cent because its a "First Amendment Right"? But you have a case if your not well known and your likeness is in a game? Anyone see the twisted logic?

  • zintarr

    Posted Sep 30, 2009 9:15 pm GMT

    This Judge has it dead wrong.

  • Oleg_Huzwog

    Posted Sep 30, 2009 9:06 pm GMT

    What kind of ruling is that? If "expressive works that depict celebrity athletes" are protected, then why would EA have to bother paying the players union for the rights to use present players?

  • Mike3825

    Posted Sep 30, 2009 6:23 pm GMT

    Jim Brown is the man on and off the field and yes he got the shaft hard.

  • Leems

    Posted Sep 30, 2009 6:04 pm GMT

    Hey "slaggo" your ignorance is showing. Jim Brown may be many things, but he was NEVER a "crappy player". Just because someone played before 1999 doesn't mean they weren't any good. The man was unstoppable. I don't like his politics but you can't argue he was one of the greatest running backs of all time.

  • hiphopballer

    Posted Sep 30, 2009 5:46 pm GMT

    wow people these days... suing people for not so important things.. it maybe a big deal to him but not to me

  • TWilliamz

    Posted Sep 30, 2009 5:20 pm GMT

    The Dirty Dozen was pretty good

  • monson21502

    Posted Sep 30, 2009 4:53 pm GMT

    such a great player payed so little. dont blame him for trying to get some cash. nfl stars today need to get a pay cut. so money can go to better things like the men and wemon fighting for our country

  • slaggo posted Sep 30, 2009 4:49 pm GMT (does not meet display criteria. sign in to show)

    slaggo

    Posted Sep 30, 2009 4:49 pm GMT (hide)

    Jim Brown....what a loser. He was a crappy player and now he was acting like a child throwing a fit. Thank god his case is dismissed...another loser that can die to the wind.

  • willpak

    Posted Sep 30, 2009 4:47 pm GMT

    What a waste of time.... The things ppl sue over anymore is sickening.

  • pureskull123

    Posted Sep 30, 2009 4:29 pm GMT

    its all about money.

  • tremor33

    Posted Sep 30, 2009 4:06 pm GMT

    Stay tuned for EA's next game Ron Naddem's Pro Football 2011. All the stats and players likenesses you love without any of the royalties paid. It will save millions, cost the same and you need to pay $10 to unlock VS. Mode. Play as your favorite teams like the Dallas Cow Toys, the Saint Louis AssRams, and the Green Bay Fudge Packers with commentary by a real John Madden Impersonator

  • JCASHUFL

    Posted Sep 30, 2009 3:32 pm GMT

    Score one for the Electronic Axis!

  • porter356

    Posted Sep 30, 2009 3:26 pm GMT

    I don't think Jim Brown needs the money I think he's more upset about the fact that EA didn't ask for his permission. We're talking about who many consider to be the greatest running back of all time, bar nun, show a little respect EA!

  • DeeCrutch

    Posted Sep 30, 2009 3:01 pm GMT

    I can see this from both sides. Having played Madden with some of those All-time teams, I knew who Jim Brown was when I used the Browns. I knew who Barry Sanders was when I used the Lions. I knew who Joe Montana was when I used the 49ners, etc. etc. etc. I can see where Brown, or any other athlete would have issues with this. EA, is essentially making money off of the work that these guys did, but are not paying those guys any of that money. I don't blame Brown and others for being upset by this.

    On the other hand, while playing Madden and using some of the All-time teams, I'd often wonder why the guy who was supposed to be Brown was wearing the wrong #, or why Barry Sanders was white and Joe Montana was black. Now, I reckon I know why! It seems EA changed JUST ENOUGH stuff around so as to try to avoid any legalities that might pop up, if the results of this case stand, they may have done enough.

    Note that my examples above may not be completely accurate, as it has been awhile since I used an All-time team, but I do remember SEVERAL times where jersey numbers or skin colors were wrong.

    The question here isn't whether or not EA used Brown and other's likenesses...they did. The question here is did EA do enough to change those likenesses so that they wouldn't have pay for the use of those likenesses. The judge here said that they did do enough to change those likenesses, but I am not so sure.

  • duke-nukem11

    Posted Sep 30, 2009 2:51 pm GMT

    id be stoked to be in a game. nuff said

  • tk421gunslinger

    Posted Sep 30, 2009 2:42 pm GMT

    Let's look at this scenario. Let's say that a cartoon features a guy. This guy has a "laser sword" Then let's say this guy then is featured wearing a brownish robe with tan leather boots. Then let's say the dude can move stuff with his mind. The title "jedi" is never used......does Lucas have a case. If lucas has a case, then Brown has a case.........In the case of intellectual property, does Brown own his on self as an intellectual property, or does EA now own it? This is a very interesting case. I can understand the ruling, but I still think Brown got the shaft on this one.

  • phrank_3

    Posted Sep 30, 2009 2:17 pm GMT

    @MrNexbox

    Seriously dude? Where is your law degree from? Some mutant says it in a video game forum, so it must be true. Look out, Atny. MrNexbox is on the case, EA is screwed. FAIL!

  • auron11022

    Posted Sep 30, 2009 1:51 pm GMT

    @ atopp399

    They use their names. Seriously, that's it.

  • Silentme

    Posted Sep 30, 2009 1:48 pm GMT

    Im torn. Id like to see EA take it in the A$$ but on the other hand I dont like to see everyone getting sued. Its a very thin line.

  • auron11022

    Posted Sep 30, 2009 1:48 pm GMT

    @MrNexbox

    The point is that they aren't using his name, so he can't do anything. You must not understand how law works. This precedent has been set. Game over man, game over. This can't legally be overturned.

  • Sins-of-Mosin

    Posted Sep 30, 2009 1:44 pm GMT

    I loved the Dirty Dozen but this lawsuit needed a head shot a long time ago.

  • baystatethrashr

    Posted Sep 30, 2009 1:40 pm GMT

    finally.

  • JimBurber

    Posted Sep 30, 2009 1:38 pm GMT

    It's about time I heard a good outcome to a video game related court case!

  • MrNexbox posted Sep 30, 2009 1:20 pm GMT (does not meet display criteria. sign in to show)

    MrNexbox

    Posted Sep 30, 2009 1:20 pm GMT (hide)

    I feel this isn't the last we will hear from James Brown and many other Hall of fame athletes like himself. So EA is using a model that looks like him, using the same jersey and number he wore, and put him on the same team that he played for, but won't acknowledge that they are stealing his identity by not stating his name? This won't hold up. EA may have won today, but there will be many more former stars that will be given their day in court. If they chose to handle this as a class action suit EA will have to buckle and give out much more money to these former stars, and honestly they should since they are clearly taking the likeness and profiting off of the nostalgia of playing with some of your favorite players from the past.

  • twistedmalice

    Posted Sep 30, 2009 1:13 pm GMT

    That is why we have laws. I do agree that he did waste his time with this. does he really need the money. EA in its own way is paying him a tribute except they aren't using his name.

  • SalarianChemist

    Posted Sep 30, 2009 1:08 pm GMT

    I can't believe Jim Brown would even waste his time on something like this.

    Jim Brown sure doesn't mind being an announcer to something stupid like Ultimate Fighting when he is being paid. But the instant EA wants to use his "image" for something in the sport he actually played, he has a problem with it.

    I personally would consider it a great honor to have my "image" as part of the All-Time Greats football part of the game.

  • ichiban30

    Posted Sep 30, 2009 12:59 pm GMT

    in somewhat related topic... if GH5 left Kurt Cobain's name out of the game and just had an avatar that looked like him.. then there would be no problems??? the things developers can learn

  • caketoo

    Posted Sep 30, 2009 12:48 pm GMT

    So i guess than itd be ok for another developer to make a pro football game that dosent suck,with slightly altered team names and logos and use a roster like in ncaa and it be ok?

  • atopp399

    Posted Sep 30, 2009 12:43 pm GMT

    What prevents EA from not paying every single pro athlete any more as a result of this? They are all considered celebrities.

  • sonny04

    Posted Sep 30, 2009 12:34 pm GMT

    can i sue too????

  • EYE0NE

    Posted Sep 30, 2009 12:31 pm GMT

    I don't think they used his name. That's the point. Stupid lawsuits.

  • XanderZane

    Posted Sep 30, 2009 12:25 pm GMT

    James Brown wants to get paid. Hey I don't blame him. How much did EA play Michael Jordan, Tiger Woords and Larry Bird when they made games for them? Unless they actually use his NAME in the game, there's not a whole lot he can do. Using likeness characters and jersey#'s won't cut it unfortunately. If his name is in the game, he should be getting paid though.

  • Narutofan30

    Posted Sep 30, 2009 12:04 pm GMT

    GO JUDGE!

  • BHumble

    Posted Sep 30, 2009 11:55 am GMT

    lol someone needs money

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