
The US Supreme Court denied an attempt by EA to dismiss a suit centered around the game publisher's use of retired players likenesses in Madden NFL Football.
"Thousands of retired NFL athletes originally filed suit against EA in 2010, alleging that the publisher violated their state-law right to publicity by using their likenesses on historic teams in Madden titles from 2001-2009. Like the collegiate athletes who received $60 million in the settlement of a similar case, the NFL players in question did not appear in the Madden games under their real names. However, all other identifying traits โ height, weight, ethnicity and the like โ were true to life, and the virtual athletes were rated to perform like their real-world counterparts.
Retired NFL players' lawsuit against EA's Madden series can go forward, court says (update)
EA did not compensate these players for the use of their likenesses. Since 1994, the publisher has paid licensing fees to the NFL Players Association for the rights to use active NFL athletes' names and likenesses. Retired players currently appear in Madden's Ultimate Team mode, and are paid for it.
Retired NFL players' lawsuit against EA's Madden series can go forward, court says (update)
EA did not compensate these players for the use of their likenesses. Since 1994, the publisher has paid licensing fees to the NFL Players Association for the rights to use active NFL athletes' names and likenesses. Retired players currently appear in Madden's Ultimate Team mode, and are paid for it.
In case this rings a bell, EA also just recently settled a case involving NCAA Football which did the same thing but for college athletes. That settlement cost EA $60 million.
In the big picture, its just incredibly unlikely any attempts at historical teams and/or any 'generic rosters' with realistic-ish players will ever be attempted again in any sports game. It would certainly seem EA will attempt to settle the case with the former NFL players as they did with the college athletes. We'll be following the case step by step!
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