Madden NFL 17 News Post

Jim Brown Receives $600K Settlement Against EA

06:06 PM - June 28, 2016 by RaychelSnr

It seems the likeness lawsuit settlements and final judgements continue to roll out against sport game makers -- the last announced today is Jim Brown receiving a $600,000 settlement from EA.

Check out the full press release:

Quote:


	"Iconic running back and Hollywood actor Jim Brown has agreed to accept a voluntary judgment offered by Electronic Arts (EA) stemming from the use of his likeness in Madden NFL video games, according to Hagens Berman. EA will pay $600,000 in exchange for a dismissal and release of Brown�s claims. Brown�s attorney Robert Carey praised the outcome, saying, �This recovery marks an important victory for plaintiffs in publicity-rights cases, and athletes in particular. Big business should think twice before it turns players� hard-won identities and achievements into merchandise without permission or compensation.� Brown concurred, �I took a stand for all athletes and laid a framework for future plaintiffs with my great legal team. Hopefully, this is a step forward in getting companies like Electronic Arts to recognize the value that athletes have in selling their products.� EA�s best-selling Madden NFL football game allowed users to play as Brown�s team (the 1965 Cleveland Browns) and other historic franchises. Brown�s suit alleged that EA asked to use his likeness and that he expressly refused. EA nonetheless created an avatar in the game that mimicked Brown�s height, weight, skin color, experience, team, position and ability level. The payment will exceed amounts EA has reportedly paid other athletes to appear not only in the game, but on the Madden NFL cover."

This is obviously just the latest of several lawsuits ongoing against EA for using likenesses within past sports games. The most famous of which was the Ed O'Bannon case which effectively ended the NCAA Football and Basketball series' from EA.

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Member Comments

# 21 XxKnicksRules215xX @ 06/28/16 11:03 PM

Quote:

Originally Posted by Big FN Deal


	I know it shouldn't but the stuff I read from individuals against other individuals in favor of corporations surprises me every time. Mean ole' Jim Brown picking on poor lil' EA for using his likeness anyway after he told them they couldn't. Yeah it's all about Jim Brown and how he should be honored that EA would want to represent him in their game even after he declined, no need to sue for that, it's not like it's against the law or anything. The responses in thread like this strike a sour cord with me, EA lost because they were deemed to have illegally used Jim Brown's likeness, among others, this isn't some one off case or misunderstanding this has been proven to be what EA did, repeatedly.

Preach, I always have a suspicion about those who take it personal about a person they've never met and a story that's only being half told but hey who am I, I'll leave it at that, take care and God bless.

# 22 Junior Moe @ 06/28/16 11:18 PM

Quote:

Originally Posted by Big FN Deal


	I know it shouldn't but the stuff I read from individuals against other individuals in favor of corporations surprises me every time. Mean ole' Jim Brown picking on poor lil' EA for using his likeness anyway after he told them they couldn't. Yeah it's all about Jim Brown and how he should be honored that EA would want to represent him in their game even after he declined, no need to sue for that, it's not like it's against the law or anything. The responses in thread like this strike a sour cord with me, EA lost because they were deemed to have illegally used Jim Brown's likeness, among others, this isn't some one off case or misunderstanding this has been proven to be what EA did, repeatedly.

Yeah. I don't get the Jim Brown hate, either. EA screwed up here. They could have just as easily made his stock avatar nothing like him at all (number, physical meausrement, etc.) and just allowed editing. That way they are absolved of responsibility. It's the same thing with O'Bannon. It sucks, and I hate him for the loss of college football and basketball games. But right is right. Those avatars were dead ringers for their collegiate counterparts.

# 23 kehlis @ 06/28/16 11:23 PM

All other arguments aside and just speaking to this case I have a big issue with what EA did and hold nothing against Brown.

At the time there were no concerns over uses of likeness as there are today. They went out of their way to ask if they could use him and despite being told no decided to do so anyway. There is no defense for that.

I can't put myself in his shoes or know why he said no (and I don't think I would have) but I absolutely side on him with this and was pretty surprised when this case was initially dismissed.

# 24 redsox4evur @ 06/28/16 11:32 PM

Quote:

Originally Posted by kehlis


	All other arguments aside and just speaking to this case I have a big issue with what EA did and hold nothing against Brown. At the time there were no concerns over uses of likeness as there are today. They went out of their way to ask if they could use him and despite being told no decided to do so anyway. There is no defense for that. I can't put myself in his shoes or know why he said no (and I don't think I would have) but I absolutely side on him with this and was pretty surprised when this case was initially dismissed.

Wow I had no idea that this case was initially dismissed, how did that happen? It seems like a pretty open and shut case, IMO.

Now would I have exactly what Brown did it depends on my situation, honestly. If I am one of those broke athletes like Antoine Walker, Vince Young, etc. hell yea I will take on any money I can get. But if I am like Brown (net worth $50 million) it depends on how I feel about the NFL and their treatment of retirees, which the main reason why Barkley won't do any NBA, supposedly. But in the end I would probably say yea go ahead and just send me a check in July or something.

# 25 4thQtrStre5S @ 06/28/16 11:47 PM

Quote:

Originally Posted by Junior Moe


	Yeah. I don't get the Jim Brown hate, either. EA screwed up here. They could have just as easily made his stock avatar nothing like him at all (number, physical meausrement, etc.) and just allowed editing. That way they are absolved of responsibility. It's the same thing with O'Bannon. It sucks, and I hate him for the loss of college football and basketball games. But right is right. Those avatars were dead ringers for their collegiate counterparts.

I think many people dislike Jim Brown for what he has been since retiring from Football, and thus anything involving Jim is looked down on;

from my perspective, and as Knute Rockne proved with the Four Horsemen, the individual on a team is what they are, for the most part, because of the team around them first. This in no way suggests that there are no way individually better players; just that it takes more than the individual in a team sports, to make the team worth anything.

I think having any likeness of Jim Brown in MAdden was bad, because Jim seems to love nothing more than to promote himself.

# 26 Rocky @ 06/29/16 12:32 AM

Quote:

Originally Posted by 4thQtrStre5S


	I think many people dislike Jim Brown for what he has been since retiring from Football, and thus anything involving Jim is looked down on; from my perspective, and as Knute Rockne proved with the Four Horsemen, the individual on a team is what they are, for the most part, because of the team around them first. This in no way suggests that there are no way individually better players; just that it takes more than the individual in a team sports, to make the team worth anything. I think having any likeness of Jim Brown in MAdden was bad, because Jim seems to love nothing more than to promote himself.

C'mon man

. He's probably the greatest football player of all time. He can't possibly be bad for the game.

Jim Brown probably wanted to be paid more than any other player in the game. That's his prerogative and I don't necessarily disagree with him.

# 27 OhMrHanky @ 06/29/16 12:41 AM

Yeah, interesting to see the varying opinions on this. U don't have to take him at his word, I guess, but I see this move as similar to Metallica standing up to napster back in the day. I see Brown here standing up for an individual's rights so that lesser known athletes know they may also have the right if something similar were to happen. I don't think he did it for himself at all. I think he's a tough SOB and he told ea, 'no'. They did it anyways, so he stood up for himself, more for the principle of the matter, to set a standard for others. Obviously, not for the money, he doesn't need it. So, why? Because he has the money, he has the lawyers, he has the nerve to stand up to a corporate giant and show everyone they don't need to cow down to them. Idk, that's how I read it.

Sent from my iPhone using Tapatalk

# 28 Americas Team @ 06/29/16 01:51 AM

If they would have added the ability to fully edit players in the game they would not feel the need to add players in the game that look similar to real players. I don't feel bad for EA one bit, not for a company who has produced inept football games for an entire decade, wasted an entire gen of NFL football gaming good for Jim Brown.

# 29 4thQtrStre5S @ 06/29/16 03:03 AM

Quote:

Originally Posted by Rocky


	C'mon man . He's probably the greatest football player of all time. He can't possibly be bad for the game. Jim Brown probably wanted to be paid more than any other player in the game. That's his prerogative and I don't necessarily disagree with him.

You may not listen to him talk much; but that is neither here nor there; seems many here are on Jim's side more so because they want to be against EA.

# 30 roadman @ 06/29/16 06:25 AM

Quote:

Originally Posted by Big FN Deal


	I know it shouldn't but the stuff I read from individuals against other individuals in favor of corporations surprises me every time. Mean ole' Jim Brown picking on poor lil' EA for using his likeness anyway after he told them they couldn't. Yeah it's all about Jim Brown and how he should be honored that EA would want to represent him in their game even after he declined, no need to sue for that, it's not like it's against the law or anything. The responses in thread like this strike a sour cord with me, EA lost because they were deemed to have illegally used Jim Brown's likeness, among others, this isn't some one off case or misunderstanding this has been proven to be what EA did, repeatedly.

This is starting to ring true for me on both sides of the fence now. I've been on Brown's side since the beginning on this and some of the comments on each side are telling and interesting at the same time.

# 31 SportsGameGod @ 06/29/16 06:29 AM

Spend my UT money wisely Jim!

# 32 SportsGameGod @ 06/29/16 06:33 AM

Jim Brown is now just as big of a scumbag as Ed O Bannon and Sam Keller. Greedy, lazy money grabs that if everyone did it millions wouldn't have these games to play.

# 33 SportsGameGod @ 06/29/16 06:34 AM

Actually the more i think about it EA losing the license and going out of business is a good thing. Carry on i'm just like caveman figuring out fire.

# 34 Scott @ 06/29/16 07:27 AM

Quote:

Originally Posted by SportsGameGod


	Actually the more i think about it EA losing the license and going out of business is a good thing. Carry on i'm just like caveman figuring out fire.

You do realize their net worth is $3 Billion, right? Not going out of business.

Sent from my SAMSUNG-SM-G935A using Tapatalk

# 35 CujoMatty @ 06/29/16 08:06 AM

Quote:

Originally Posted by OhMrHanky


	Yeah, interesting to see the varying opinions on this. U don't have to take him at his word, I guess, but I see this move as similar to Metallica standing up to napster back in the day. I see Brown here standing up for an individual's rights so that lesser known athletes know they may also have the right if something similar were to happen. I don't think he did it for himself at all. I think he's a tough SOB and he told ea, 'no'. They did it anyways, so he stood up for himself, more for the principle of the matter, to set a standard for others. Obviously, not for the money, he doesn't need it. So, why? Because he has the money, he has the lawyers, he has the nerve to stand up to a corporate giant and show everyone they don't need to cow down to them. Idk, that's how I read it. Sent from my iPhone using Tapatalk

No one ever heard of Ed Obannon before he sued EA so I really don't get the reference to Jim Brown standing up for lesser known athletes .. I have no idea what Jim Browns motives were but I highly doubt from everything I have seen from the guy that it was for the greater good . I'm good with him winning but let's not make a hero out of him ..

# 36 BezO @ 06/29/16 08:23 AM

Congrats to Mr. Brown! I'm glad to see him get some of what he deserved for his likeness being used. And I'm shocked that anyone would side with a company using it without paying what's due.

# 37 redsox4evur @ 06/29/16 08:32 AM

Quote:

Originally Posted by Americas Team


	If they would have added the ability to fully edit players in the game they would not feel the need to add players in the game that look similar to real players. I don't feel bad for EA one bit, not for a company who has produced inept football games for an entire decade, wasted an entire gen of NFL football gaming good for Jim Brown.

This was back in the ps2 era where you could fully edit players so that's not valid.

# 38 dk6663 @ 06/29/16 08:40 AM

Quote:

Originally Posted by XxKnicksRules215xX


	Preach, I always have a suspicion about those who take it personal about a person they've never met and a story that's only being half told but hey who am I, I'll leave it at that, take care and God bless.

Ive met him and he still a jerk .....

# 39 dk6663 @ 06/29/16 08:43 AM

Quote:

Originally Posted by Scott


	You do realize their net worth is $3 Billion, right? Not going out of business. Sent from my SAMSUNG-SM-G935A using Tapatalk

Right and 600K ? What a victory !

# 40 KennyJ1976 @ 06/29/16 09:37 AM

Quote:

Originally Posted by CujoMatty


	No one ever heard of Ed Obannon before he sued EA so I really don't get the reference to Jim Brown standing up for lesser known athletes .. I have no idea what Jim Browns motives were but I highly doubt from everything I have seen from the guy that it was for the greater good . I'm good with him winning but let's not make a hero out of him ..

Ed O'Bannon was actually a pretty good college basketball player that helped UCLA win a national championship in 1995. So I'm sure more people have heard of him than you think. Continuing with the topic at hand, I don't care if I was a trillionaire, use my likeness without permission, especially after I said no, I'm suing too.

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