![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-132529-100x100.png\")
He needs to quit his howling [sorry, I couldn't resist]. He should be ecstatic his likeness is being used in the game.
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@Japheaux: I wouldn't have any objection to people using my likeness in a game.
However, if they're making money off it, I want my cut of the proceeds. They used something that I possess to make themselves money, I would want to be reimbursed for my part in that process accordingly.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-74896-100x100.png\")
He should be suing the Browns for false advertising. They are telling people they are an NFL team.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-145065-100x100.png\")
@donnie5: I am from Cleveland and I still say ZING!
Sorry, Ill go to a good Browns game and have a hot dog and a beer, but you have to go in KNOWING were gonna lose.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-665956-100x100.png\")
@CopyPaste:
Are the ticket prices as outrageous there as they are for \"real\" NFL teams? I remember when the Cardinals were terrible it wasn't very expensive to get good seats. There is a downside to your home team doing well; higher ticket prices.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-1713-100x100.png\")
@donnie5: Yes, actually. Sadly the Browns wouldn't be able to compete, though, as their biggest weakness is pass offense, and you need to be able to throw the ball to win in the Arena League.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-232165-100x100.png\")
@donnie5: I hope not. Though it did create Kurt Warner for better or worse.
Maybe Cleveland should join the CFL. :P
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-1175017-100x100.png\")
@donnie5: I don't know, Bon Jovi bout a team up in Reading, PA where I went to college. That was 6 years ago and I know arena has pretty much been defunct in recent years, maybe we should write Bon Jovi and ask him?
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-568700-100x100.png\")
I think it says right on the ticket that you may be on camera during the game, your image/likeness may be used, reproduced, blah blah blah...he's going to lose.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-479704-100x100.png\")
@downwithmonstercable: I'm not sure that has anything to do with a video game company putting his picture on the game, but either way, he's out in a public place so anyone could take his picture, etc. Unless he can show economic hardship (to himself) or economic gain (to EA) from any confusion the use of his picture might cause, I can't imagine he'll win. Unless maybe he created the mask himself and owns some kind of trademark that they've violated?
@AdvocatesDevil: What I'm saying is by entering the facility he has agreed to the terms of service laid out on the ticket or in his season ticket package. Footage from games is recorded and sold all the time. EA probably bought footage or stock photos from various stadiums and saw his face on there and went with it.
I doubt the mask maker could have any kind of claim either, they're not making the game based around the mask and promoting it. It'd be the same as if Getty snapped a photo of him and sold it.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-537475-100x100.png\")
That photo is going to give me nightmares. I was watching a football game of some kind the other week (I don't like football, Mr. Pi does) and these fans had these horrific pig masks on, and I cringed every time they panned to one of these people. Ugggh!
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-352646-100x100.png\")
@pecan 3.14159265: Whether they are horrofic or not, I will leave that to the viewer, but I suspect that you and Mr. Pi were watching the Washington Redskins game.
\"The Hogs\" is a reference to the Redskins' famed offensive line of the Joe Gibbs era that was instrumental in the franchise's four trips to the Super Bowl, three of which resulted in NFL championships.
You can read more here: [www.redskins.com]
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-498964-100x100.png\")
@pecan 3.14159265: Ewww.. those things are creepy. I think I've seen a movie or something where they had bank robbers wearing those.
I've never liked furries.
This man is not represented in the game. His face is completely covered. However, unless he made his mask from scratch, the manufacturer of the mask might have something to say about its incluson in the game.
@matthewgerber: I have to disagree with that point, at least slightly.
If that were the case, wouldn't whichever company made the Captain Kirk (Bill Shatner) mask be able to sue the producers of the original Halloween movies?
No, they created a character, and thus, have the rights to it.
the mask in haloween is unrecognizeable. if they wore it the other way around shatner could probably sue for a number of different reasons haha
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-17616-100x100.png\")
Psh. Like anyone would be the Browns in Madden.
@Smashville_not taking it seriously: Maybe someone who wants to really embarass their brother/friend/dorm mate/frat brother would choose them...
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-126486-100x100.png\")
He's from Cleveland. I'm going to assume he loses.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-943594-100x100.png\")
@backbroken: Cleveland may always lose - but dammit, we have very loyal fans. Never won a Superbowl? That's ok - we'll keep coming back. Rather - other people will. I moved out of the cold as soon as I was able.
@backbroken: As opposed to the Pirates?
I guess no one assumes they're going to lose...they straight up know.
@Smashville_not taking it seriously: # of championships CURRENTLY held by Pittsburgh teams in the major professional sports: 2
# of championships in the LAST 40 YEARS won by Cleveland teams in the major professional sports: 0
What was that you were saying? Oh yeah. You were saying something about the Pirates. Yup. They lost 2 more games than the Indians did this year. That sucks, eh.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-34627-100x100.png\")
@backbroken: Pretty strong word from a guy with a Pittsburgh Pirate logo as an avatar. (This from a former Pittsburgher now living in the south)
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-145489-100x100.png\")
You would think that guy would be happy to be in such a popular video game. They could have just as easily not included him. He is not a vital part of the game.
How much would his \"contribution\" be worth to the game? The number seems unmeasurably small.
@eirrom: Exactly. Can't the appease him by listing him somewhere deep within the credits? I'd think that would be good enough. What more can he possibly expect?
@synimatik: Likely he is conflating his struggles to the ongoing battle by several retired NFL players and the NCAA athletes with EA.
He, however, is wrong, while I believe the players are correct.
I hope he wins.
While he *DID* consent for the *NFL* to use his likeness when he purchased the ticket and entered the stadium, I don't think it says anywhere on the ticket that *Electronic Arts* has the right to use his likeness.
@RvLeshrac: But does their agreement with the NFL include anything that they have the right to use?
I think he or the mask maker should have a claim of some sort.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-70730-100x100.png\")
I live in Cleveland. News here says that he'll win because it's not *his likeness* that is in question, it's the actual mask that is in question, which is, allegedly, a copywritten design.
Supposedly, it's happened here before with billboards or some other sort of advertising and he supposedly won. I don't know. Rumors and such. I'm not a fan of football or The Browns for that matter.
He'll likely lose, you know...in the same fashion that his team does...at the last minute.
Either that or he's just grubbing for money to pay for his August 2009 DUI.
@toddkravos: Unless the mask is so old it's in the public domain, there's no \"alleged\" about it being copyrighted. Copyright attaches to all creative works automatically. The question is who owns the rights and who's licensing them.
Does it say anywhere in the article that the mask is this guy's own design? I didn't see it say anything on those lines. Most likely this is a mask this guy bought at some store in Cleveland, and he does not own the copywrite to it anyway. If anything the company that owns the copywrite should have an issue with EA. This dawg doesn't have four legs to stand on
@LVSinner: While the article doesn't state that, the fact it's his design is a known thing here in these parts...now, whether or not that's true is anyone's guess...
Hrmmmm, as a media darling and attention hog, I must side with Thompson. But not in the way you think.
While I agree you may have your picture/image taken and used at a game, this is different. They rendered an image of him, and are using it in a video game for financial gain, even in a small part. I think they should have given him at least credit, as I am guessing someone like him enjoys seeing his name in lights, just like me. If they had his name on the Jersey he was wearing, I'm sure he would print out that frame, and buy 100 copies of the game to hand out to friends.
I mean, if a baseball game used the likeness of Morganna Roberts,
aka, \"the Kissing Bandit\", who would run onto the field and kiss baseball players, I would expect them to acknowledge the real life person the rendered character is based off of. If John Madden gets credit because a rendered image of him is used, why not Thompson?
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-939413-100x100.png\")
@GitEmSteveDave_IsWaving: I agree they should have contacted him and asked permission, but I don't agree that they had to.
Unless he can prove that they are directly making money because of a unique character he created (i.e. say 'sales would be 1 million with out my image, and 1.5 million with my image), OR that he is directly financially effected due to this use, he will lose.
@bornonbord: What you say is true: There's a difference between \"actual damages\" and \"punitive damages\". Even though he gives away his character's image for free, it is solely his right to do so. Whether or not the game causes him actual damages (loss of money or property) he could still be entitled to punitive damages.
The issue with Morgana's likeness appearing in a video game is that it would be quite noticable and deliberate since her appearance in the video game would disrupt play. The Thompson deal looks like someone was being cute and put in an Easter Egg and it got noticed.
The fact that it seems to be a copy of the \"character\" with just the jersey number changed smacks of a deliberate attempt to slightly alter the character to use it and avoid paying a license and avoid being sued. If they can get away with that, then I can use Mickey Mouse as long as I change the image in a slight way.
The point is, how many of these \"personalities\" are they putting into the game? A few dozen at most? How much effort is it to contact them and ask permission? I'm sure quite a few of them would do it for free just for the bragging rights and a line in the credits.
He needs to quit worrying about the video game and address the fact that his mask can no longer stretch over his enormous jowls before he drops dead in the bleachers. I know it's not cool to attack someone's appearance, but Good Lord. Try some fruit.
By the way, Consumerist, a bulldog mask with googly cartoon eyes is not \"intimidating.\"
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-429538-100x100.png\")
@redskull: Yeah, the giant bulging eyes are kind of disturbing. It looks like they're being squeezed out of the dog's face.
Something about this pic screws up my spatial... somethingness and I just see a mostly regular size guy with a tiny dog head.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-343837-100x100.png\")
He should sue them for drafting Brady Quinn.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-125641-100x100.png\")
If Madden got compensated for being in the Madden game, then I don't see why other people in the game shouldn't be compensated as well.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-4808-100x100.png\")
I happen to have a ticket stub for a University of Wisconsin sporting event in front of me, and it says \" Holder grants premission to the University of Wuscinsin (and its designees and agents) th utilize the Holder's image, likeness, actions, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, the event without further authorization or compensation.\"
I would imagine that the same disclaimer/release is included on NFL tickets or in the terms of the season ticket package. I'd imagine this guy doesn't have much of a case here.
@ganzhimself: But this is EA, NOT a football team using his picture during a broadcast or in an advertisement. I mean, by that logic, if someone dressed up as Mickey Mouse at one NFL game, then EA would have the rights to use Mickey Mouse in their games, and Disney couldn't do anything.
@GitEmSteveDave_IsWaving: Based on the Wisconsin ticket text, \"made of, or at the event\" seems to be the interesting part of the statement.
It sounds like they can do anything they want with your image (or an image that you have the rights to) as it pertains to a game that you went to and it was seen at, but that doesn't mean that they can automatically create new content with that image without your permission and that makes sense.
Personally I think lawsuits like this are kind of dumb, but given the NFL's attitude towards these exact issues and media ownership concepts in general, I think they probably deserve to be sued over things like this.
This is a very good point. Considering the NFL's overreaching claim of ownership and rights, it's time they put up or shut up.
@rworne: The phrase \"...or reproduction made of, or at, the event...\" also would seem to invalidate his claim. If they reproduced his image in the game, that's another covered use of his image, which he agreed to by presenting his ticket at the gate, whether or not he bothered to read the actual legal disclaimer on the back of the ticket or in the season ticket agreement. Of course, without having an NFL ticket or the Cleveland Browns' season ticket agreement at my disposal, I can't say whether or not such wording exists on the ticket or in the agreement, but I think the NFL has some pretty smart/sneaky lawyers on staff that have probably already thought of situations like this.
@GitEmSteveDave_IsWaving: My guess, and I don't have an NFL ticket stub at the ready, but it most likely says the National Football League, not the Cleveland Browns. I might have a ticket stub from the last NFL game I went to at home, but I'm willing to bet it states something possibly even more restrictive to \"Holder grants premission to the National Football League (and its designees and agents)...\" EA holds an exclusive license with the NFL to use NFL imagery, team names, player names, stats, etc. This pretty much has to fall under that, plain and simple.
@ganzhimself:
I have an NFL ticket in my possession for an upcoming Bronco's game, here's the relevant quote:
\"The ticket holder grants to the NFL, the Broncos, and their designees the irrevocable permission to use his or her voice or likeness in any media now or hearafter existing in connection with all or any part of the football game or related events, for any purpose whatsoever, including the commercial purposes of the NFL, the Broncos, and their sponsors, licensees, advertisers or broadcasters.\"
Draw your own conclusions. My eye is drawn to the line \"in connection with all or any part of the football game or related events\". I don't think a judge would rule that a video game is a related event.
@Sudonum: I don't know... To me that wording sounds even more restrictive than the UW Men's Hockey ticket I have sitting on my desk. I take this to mean that the NFL or anyone the NFL authorizes, can use any fan's voice or likeness in, and this is key, ANY media, for any commercial purpose.
@ganzhimself: ding ding ding , we have a winner! .. every ticket to every event in the world that's on tv says something along those lines .. give up 'dawg' ..
@sunnytimes:
I'm sure that since EA is the exclusive NFL license holder for video games that this would be considered a legal use of the guy's likeness, or in this case, his mask's image... They would be considered a designee or agent and they would covered under the \"any ... publication or reproduction made of, or at the event.\"
@ganzhimself: Ahhhhh, but this isn't \"THE event\". This is an entirely fictitious event. It's a game invented by the end user and programmers. In fact, while you can't broadcast a NFL football game with the expressed written consent of all the parties, you CAN broadcast yourself playing this game.
@ganzhimself:
Holder grants premission to the University of Wiscinsin (and its designees and agents) to utilize the Holder's image, likeness, actions, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, the event without further authorization or compensation.\"
Proof reading FTW.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-120903-100x100.png\")
Oh, I don't know about this one. A reasonable person reading the fine print on the back of a ticket is going to assume that they could be shown on TV, or on the Jumbotron, or that they might end up in a commercial or in a program that's sold at a future game, or in a mailing or billboard to sell tickets -- that's all a logical extension of going to a stadium where there are still and television cameras.
What reasonable person would assume a recognizable version of themselves would appear in a VIDEO GAME, though? I think this guy's got somewhat of a case.
This story would get a lot more hits if the headline were \"Thompson Sues Video Game Company\"
Here's how EA will resolve this... Release a forced patch that removes this guy's image. All they have to do is force the patch to be installed if anyone wants to play on PSN or XBox Live. Of course that doesn't get rid of all the images of this dude, but they could just \"erase him from history\" and be done with it.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-54933-100x100.png\")
He would probably be more agreeable to it if his team didn't suck so bad.
On the back of any sporting ticket says that you basically forfeit all rights you have to sue for injury or use of your image. I'm guessing that could be connected to this by some lawyer speak.
Why is it that other articles about the subject indicate that the case will be dismissed because of a settlement?
You'd think that would be important enough for Consumerist to mention, no?
Since I'm from the area of Cleveland I know a little bit more. Big Dawg has his name trademarked. Enough said.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-1021770-100x100.png\")
Well, I mean if you happen to be standing on a street corner while a news crew is filming and they get a shot of you standing there, they don't have to have your permission to put it on the television. Why would this be any different? I mean, it's not like the price of the game is going to be dependent on that guy's face being in it, and it would have absolutely no effect on the amount of profit EA makes from the game whether he's in there or not.
Actually, the lawsuit itself will probably have the effect of increasing sales...since there will be people that would by the game just to see what this guy is complaining about.
@AngryK9: Well, for one thing, news agencies are granted a lot more leeway when it comes to copyright, TM, and personality rights issues (see First Amendment and Commercial Speech).
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-498940-100x100.png\")
Yeah he's the only guy wearing one of those stupid masks at a Browns game. Now if it was a pig man at a Redskins game (the government's been experimenting with pig men for years), or the Barrel Man, I could get on board with that.
he should win and EA should replace his bulldog face with an ass.
Unless this guy makes a living as \"fat guy in a dog mask\" I don't see how he can argue they are using his image.
I think EA sports deserves to be impaled with lawsuits and lose on a constant basis. They ruin everything remotely fun about sports games so I think that's more than enough reason for him to be angry. Sure I would be happy to have my likeness in a GOOD sports game. This is Madden, EA Sports... not exactly a good sports game. It's an insult.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-176865-100x100.png\")
Nope. I'm sure there's some clause somewhere that states that being at the game will more than likely result in the reproduction of his image and all rights are voided. I'm sure they sit around dreaming this stuff up in order to prevent lawsuits in the first place.
@JimBoSlobish: And probably for any other business.
I saw my likeness used in an ad in the Portland papers for a local appliance store (Standard TV and Appliance). It was at least 7 years old, since that was the last time I was at that store...
@JimBoSlobish: There is also the issue of whether this is uniquely his likeness. Is Thompson saying any fat man with a Brown's jersey and a dog mask qualifies as his likeness? Because I'm sure several fans have met those criteria. A fat guy with a mascot mask is pretty much an entire genera of fan, and not really unique at all, even if a few of those individuals are well known.
@JimBoSlobish: Agreed as well. Once you go to the game your image can be used.
@JimBoSlobish: Agreed. Once you enter the NFL stadium, your image is fair play for them to do whatever they'd like to with.
I'd be excited more than pissed.