Real players names could be used in new 2k football game

[LIGHTNING]

Quote: Originally Posted by drbill28

No, you're wrong. Everyone owns their own likeness, which when their name is put in a game, it is part of that likeness. Because they're ARE baseball players it becomes and obvious attempt to profit from that player's name. This is why in MLB 2005 they had to replace Kevin Millar with Anthony Friese or whatever his name was, they even made him tall and black. They could use MY name because I would have a hard time proving it was me in the game. Unless they really put my likeness there with correct hometown, height, weight and the person created resembled me, then I could sue them. I have a right to my likeness as well. However, they can't claim "Barry Bonds" is a made up generic name they came up with and say it's not an attempt to use the player's name. If what you said was true, then there'd be no point in shelling out money for a license from MLBPA. Since you would have right to it already. Sorry, but what you're saying is a dream.

I did not say Barry Bonds, I said common names. There is a big difference.

[K_GUN]

Quote: Originally Posted by LIGHTNING

Players do not have a right to common names period. They cannot stop anyone using common names in a fictional games because they have no case. Common names are not likeness.

what the hell is your point?!

if QB jamie martin throws a football in the NFL he can't be used in a videogame....even if ANOTHER JAMIE MARTIN is a weatherman (Google, you'll see)


and IF what u say is true...why hasn't 2k put out a game already?!

[TJdaSportsGuy]

Quote: Originally Posted by LIGHTNING

Players do not have a right to common names period. They cannot stop anyone using common names in a fictional games because they have no case. Common names are not likeness.

Dude, seriously? When are you going to give it up? You have a freakin' attorney who does this for a living, telling you that you are dead wrong. Simply put, you don't know what you're talking about.

I'd put it to rest. You're making yourself look pretty stupid here.

[Brandon13]

Quote: Originally Posted by LIGHTNING

Players do not have a right to common names period. They cannot stop anyone using common names in a fictional games because they have no case. Common names are not likeness.

I honestly don't have a clue about any of this but aholbert told us he deals with this kind of thing for a living, so that would make what he is saying credible. I'd like to know what makes you qualified to know what you are talking about?

[mjb2124]

Quote: Originally Posted by LIGHTNING

Players do not have a right to common names period. They cannot stop anyone using common names in a fictional games because they have no case. Common names are not likeness.

Sorry man, but you're wrong. Re-read what ChicagoSparty posted and what Aholbert has been trying to explain because they are both correct.

I'm not sure why you're still debating when there are a few guys on here who would know this more than you.

[NovaStar]

This is the general intepretation of the law concerning the use of names, likeness etc...across state jurisdictions.


A. Right of Publicity

The right of publicity is "the right to control the use of one's own name, picture, or likeness and to prevent another from using it for commercial benefit without one's consent." n7 Traditionally, the right of publicity was borne out of the right of privacy, but it specifically protected "prominent persons" and focused narrowly on the prominent persons' right to control their name and likeness. n8 Modernly, publicity rights are protected both by statute and common law. n9 Although there is no federal statute that specifically governs the right of publicity, the Lanham Act n10 is often regarded as "[a] close [relative] to the right of publicity." n11 In short, a claim of right of publicity infringement, which includes the following elements: "(1) Commercial appropriation (2) of a person's name, likeness, or other indicia of identity (3) for purposes of trade," n12 remains a state law claim and can only be brought in federal court under diversity jurisdiction. n13 On the state level, California and New York are the two states where right of publicity claims are brought most often, n14 and therefore both states have statutes that speak directly to the issue. n15

[*293] The California Civil Code states that knowing uses of "another's name, voice, signature, photograph, or likeness for advertising or selling or soliciting purposes" is a violation of their right of privacy. n16 This statute prohibits "knowing activity," has no requirement that consent be in writing, and includes a cause of action for violating publicity rights of the deceased. n17 Whereas, in New York, section 51 of the New York Civil Rights Law prohibits the use of "any person's "name, portrait, picture or voice' for "advertising purposes' or "purposes of trade' without the person's prior "written consent,' " and, in contrast to the California statute, applies only to the living. n18


Basically you can't use a persons name, likeness etc... without their consent, especially in a commercial setting.

[TJdaSportsGuy]

Quote: Originally Posted by NovaStar

Basically you can't use a persons name, likeness etc... without their consent, especially in a commercial setting.

Seriously! Hah, do we not live in the same country that has a judicial system that allowed Spike Lee to delay the launch of Spike TV because he said it was an unlawful use of his name?

This stuff happens all the time. Do you really think the NFLPA would look the other way if a video game used a player's name, then claimed that it's just a coincidence?

[metal134]

Quote: Originally Posted by LIGHTNING

Players do not have a right to common names period. They cannot stop anyone using common names in a fictional games because they have no case. Common names are not likeness.

But they do. As was already stated, aholbert32 is a lawer in such regards and has alreasy debnunked that and, while I don't have quite his qualifications, I have studied privacy laws as part of my news media degree adn I'm telling you, they do. It all depends on how the name is used. I think what you don't undertstand is this: I could make a generic football game and if I had some random linebacker on some random team named Tom Brady, I would be fine. Tom Brady couldn't sue me because I can say that no reasonable person would consider that to be the Patriots' Tom Brady. But if I have a quarterback named Tom Brady, designed to if not look, then at least play like the real Tom Brady, then I have used his likeness because while that player doesn't LOOK like Tom Brady, it represents him in such a fashion that most reasonable people would consider that to be the Patriots' Tom Brady.