Madden 09 News Post

Law has the scoop.

"The estate of legendary sports announcer John Facenda has scored another major victory in its court battle with NFL Films that centers on whether Facenda's distinctive voice -- known in football circles as the "Voice of God" -- was improperly used in a promotional film for a John Madden video game.

In its 60-page opinion in Facenda v. NFL Films Inc., a unanimous three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled Tuesday that NFL Films violated Pennsylvania's "right of publicity" statute.

Now the only issue left to be decided on that claim is how much Facenda's estate should be awarded in damages.

The panel rejected NFL Films' argument that the "standard release" contract Facenda signed was a "complete defense," noting that while the release gave the NFL the right to use Facenda's voice in future film projects, it also explicitly prohibited any use that would "constitute an endorsement" of any product."

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Member Comments
# 1 Netherscourge @ 09/15/08 03:50 PM
Originally Posted by Steve_OS
Law has the scoop.

Well, you're never really dead when it comes to estates.

I'm sure the Facenda's will be making out handsomely from this. Maybe they can force EA to give up the NFL exclusivity license?

Well, one can dream...
# 2 chicago23 @ 09/15/08 08:40 PM
Originally Posted by withauthority
voice of god?
Watch virtually anything from NFL Films b/t the mid-1970s and the 1990s and you will know what he means. Facenda is probably most famous for saying "...the frozen tundra of Lambeau Field...", if that helps.
# 3 TDogg09 @ 09/15/08 08:51 PM
John Facenda's voice was one of a kind. It is awesome.
# 4 d_max @ 09/16/08 12:46 AM
This thread makes me miss watching NFL Films.
# 5 Brooklynnets24 @ 09/16/08 01:06 AM
maybe the nfl will say"hey lets give the nfl right to 2k instead" if only =[
# 6 DubTrey1 @ 09/16/08 02:48 PM
That's pretty blasphemous.

^ Cosign. His was a great voice, but VOG? C'mon.
# 7 Revolution42 @ 09/16/08 06:09 PM
If his voice is being used in anything Madden related, he is rolling over in his grave. That voice is recognizable to many generations of football fans, a shame it could be even remotely connected to a game that is barely "out of the box" playable.
# 8 MaddenMan @ 09/16/08 06:40 PM
Originally Posted by totalownership
I hope it costs the NFL as much money as EA paid them for the license, to the penny.
lol keep spitting into the wind.

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