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.

Game: Madden NFL 17Reader Score: 8/10 - Vote Now
Platform: PS3 / PS4 / Xbox 360 / Xbox OneVotes for game: 17 - View All

Member Comments

# 81 aholbert32 @ 07/01/16 11:22 AM

Quote:

Originally Posted by baconbits11


	I said EA's mistake was putting him on the Browns. My point is if they had changed just one of the identifying marks above, changed height, weight, put him in the free agent pool, made him white, etc. what then? Mr Brown would have lost his suit if there's any justice if any of that happened. I'm sure there are other black players #32 with the same height and weight as Brown in many other Madden games. Sure EA Screwed up, I never questioned that, but Mr. Brown is being a jerk. It's a videogame! If it's clear EA wanted people to know it was Brown, then should have been honored by his legacy being explored by young kids who play games. Now this opens the door for every other player to sue also. If this continues, then we may not have any football games.

What? How is he being a jerk? He has a right to control how his likeness is used. He has a right to demand money for the use of his likeness. He didnt come to a deal with EA, they went ahead and used his likeness and he sued. Thats exactly what he shouldve done.

Also Brown wouldnt have sued if they made the character white but EA wouldnt have done that because then people wouldnt have known it was Brown.

It doesnt open up any lawsuits other than those related to classic teams and players they didnt license....and Madden doesnt have classic teams anymore. EA has rights to every active NFL player because it has a LICENSE with the NFLPA. The classic players in MUT were paid by EA to LICENSE their likeness.

You gotta know the facts before spouting an opinion man.

# 82 seasprite @ 07/01/16 11:32 AM

Quote:

Originally Posted by baconbits11


	I said EA's mistake was putting him on the Browns. My point is if they had changed just one of the identifying marks above, changed height, weight, put him in the free agent pool, made him white, etc. what then? Mr Brown would have lost his suit if there's any justice if any of that happened. I'm sure there are other black players #32 with the same height and weight as Brown in many other Madden games. Sure EA Screwed up, I never questioned that, but Mr. Brown is being a jerk. It's a videogame! If it's clear EA wanted people to know it was Brown, then should have been honored by his legacy being explored by young kids who play games. Now this opens the door for every other player to sue also. If this continues, then we may not have any football games.

That's a pretty big "what if"....would have made this thread non-existent seeing as Brown would have never sued. This action of litigation doesn't in any way, make Brown a jerk.........he has a ton of other actions that do though.

# 83 mrprice33 @ 07/01/16 11:38 AM

There's a whole lot of "I don't know what I'm talking about but let's push forward and hot take away!" going on in this thread

Sent from my iPhone using Tapatalk

# 84 baconbits11 @ 07/01/16 11:55 AM

Quote:

Originally Posted by aholbert32


	What? How is he being a jerk? He has a right to control how his likeness is used. He has a right to demand money for the use of his likeness. He didnt come to a deal with EA, they went ahead and used his likeness and he sued. Thats exactly what he shouldve done. Also Brown wouldnt have sued if they made the character white but EA wouldnt have done that because then people wouldnt have known it was Brown. It doesnt open up any lawsuits other than those related to classic teams and players they didnt license....and Madden doesnt have classic teams anymore. EA has rights to every active NFL player because it has a LICENSE with the NFLPA. The classic players in MUT were paid by EA to LICENSE their likeness. You gotta know the facts before spouting an opinion man.

None of this is fact, just expressing my opinion. But the fact is it could be a problem for those of us who like football games.

My last say on this is Mr Brown had the choice not to sue. There's a #34 on the 85 Bears. I don't see Walter Payton's family suing. There's a #22 on the 92 Cowboys, again I don't see Emmitt suing. You don't see any of his teammates listed here suing:

http://www.pro-football-reference.co...965_roster.htm

and I'm sure a lot more of them could use the money or are struggling like a lot of oldtime NFL players.

YES, EA SCREWED UP! they shouldn't have asked Mr Brown and went and put a pixelated character with all those details (team, height, weight). We don't know who else they asked or didn't ask, but there are hundreds of players on these classic teams that could now get $600K each. This would put EA out of business. If they don't get $600K, then another question to ask is why Mr Brown would get this amount but no one else. This action by Mr Brown wasn't necessary or important. It's a videogame. Surely, Mr Brown has other good things he could be doing than suing a videogame company. Maybe he's upset his rushing record was broke twice and he is losing his status.

We could all lose Madden and football videogames because of this. Now that Mr Brown sued, why wouldn't everyone else who was on a classic roster sue also?

PS I also doubt Mr Brown will be donating his windfall to charity.

# 85 mrprice33 @ 07/01/16 12:11 PM

Quote:

Originally Posted by baconbits11


	None of this is fact, just expressing my opinion. But the fact is it could be a problem for those of us who like football games. My last say on this is Mr Brown had the choice not to sue. There's a #34 on the 85 Bears. I don't see Walter Payton's family suing. There's a #22 on the 92 Cowboys, again I don't see Emmitt suing. You don't see any of his teammates listed here suing: http://www.pro-football-reference.co...965_roster.htm and I'm sure a lot more of them could use the money or are struggling like a lot of oldtime NFL players. YES, EA SCREWED UP! they shouldn't have asked Mr Brown and went and put a pixelated character with all those details (team, height, weight). We don't know who else they asked or didn't ask, but there are hundreds of players on these classic teams that could now get $600K each. This would put EA out of business. If they don't get $600K, then another question to ask is why Mr Brown would get this amount but no one else. This action by Mr Brown wasn't necessary or important. It's a videogame. Surely, Mr Brown has other good things he could be doing than suing a videogame company. Maybe he's upset his rushing record was broke twice and he is losing his status. We could all lose Madden and football videogames because of this. Now that Mr Brown sued, why wouldn't everyone else who was on a classic roster sue also? PS I also doubt Mr Brown will be donating his windfall to charity.

Jim Brown's lawsuit has nothing to do with Madden as it stands today. EA has licensing agreements with the NFL and NFLPA. The issue with NCAA was that the NCAA would not allow EA to pay college players and the Keller/O'Bannon lawsuits opened EA up to suits as soon as players got out of college. Further, the NCAA doesn't work the same way as the NFL, as the NFL is literally comprised of the 32 teams, while the NCAA is more of a governing body like you'd find in boxing.

Theoretically, you could have a college football game without the NCAA. Actually, you could lose the NCAA in real life tomorrow and things would largely not change. Losing the NFL would literally disband all 32 teams. The situations are completely different and you need to read more and post less.

Sent from my iPhone using Tapatalk

# 86 aholbert32 @ 07/01/16 12:24 PM

Quote:

Originally Posted by baconbits11


	None of this is fact, just expressing my opinion. But the fact is it could be a problem for those of us who like football games. My last say on this is Mr Brown had the choice not to sue. There's a #34 on the 85 Bears. I don't see Walter Payton's family suing. There's a #22 on the 92 Cowboys, again I don't see Emmitt suing. You don't see any of his teammates listed here suing: http://www.pro-football-reference.co...965_roster.htm and I'm sure a lot more of them could use the money or are struggling like a lot of oldtime NFL players. YES, EA SCREWED UP! they shouldn't have asked Mr Brown and went and put a pixelated character with all those details (team, height, weight). We don't know who else they asked or didn't ask, but there are hundreds of players on these classic teams that could now get $600K each. This would put EA out of business. If they don't get $600K, then another question to ask is why Mr Brown would get this amount but no one else. This action by Mr Brown wasn't necessary or important. It's a videogame. Surely, Mr Brown has other good things he could be doing than suing a videogame company. Maybe he's upset his rushing record was broke twice and he is losing his status. We could all lose Madden and football videogames because of this. Now that Mr Brown sued, why wouldn't everyone else who was on a classic roster sue also? PS I also doubt Mr Brown will be donating his windfall to charity.

I know that this is just your opinion but you need actual knowledge to support your opinion but you dont have any.

Every player wouldnt be eligible to receive 600k. Thats just false. Brown received 600k because EA asked him specifically to use his likeness and still used it after he said no. Also, Brown's fame and noteriety as one of the greatest players of all time increases the likely damages. EA settled because they knew they could lose more in court.

Other players dont have his level of fame or his resources to proceed with a lengthy lawsuit. Even if they did, the facts would likely be different and lead to a significantly smaller settlement.

This lawsuit isnt a threat to Madden. EA isnt in any danger of going out of buisness because they settled with Brown.

# 87 jfsolo @ 07/01/16 12:52 PM

I can't believe that there is any argument about this case. EA did something that they were 100% in the wrong to do, got caught, rightfully got sued, in the end settled and coughed up some cash for their transgression. Open and shut case, Johnson.

# 88 NDAlum @ 07/01/16 01:08 PM

Quote:

Originally Posted by mrprice33


	There's a whole lot of "I don't know what I'm talking about but let's push forward and hot take away!" going on in this thread Sent from my iPhone using Tapatalk

Par for the course in 2016

# 89 kehlis @ 07/01/16 01:09 PM

Quote:

Originally Posted by baconbits11


	We could all lose Madden and football videogames because of this. Now that Mr Brown sued, why wouldn't everyone else who was on a classic roster sue also?

I'm probably going to regret asking but how is it that this could cause us to lose Madden?

# 90 aholbert32 @ 07/01/16 01:16 PM

Quote:

Originally Posted by kehlis


	I'm probably going to regret asking but how is it that this could cause us to lose Madden?

He believes that every player who appeared on a classic roster in 08 would have grounds to sue. He also believes that they would all receive at least 600k. So lets say there were 1000 classic players in the game. Settlements would cost EA 600 million dollars. He believes that would shut down EA as a company.

Even though EA's net revenue last year was almost 900 million dollars.

Even though every player wouldnt be entitled to 600k.

Even though there are no facts that support his opinion.

# 91 Reed1417 @ 07/01/16 01:23 PM

EA does something wrong, yet Jim Brown is "greedy" for doing what he did. Riiiiiight. -______-

Sent from my SM-G920P using Tapatalk

# 92 baconbits11 @ 07/01/16 01:34 PM

Quote:

Originally Posted by aholbert32


	He believes that every player who appeared on a classic roster in 08 would have grounds to sue. He also believes that they would all receive at least 600k. So lets say there were 1000 classic players in the game. Settlements would cost EA 600 million dollars. He believes that would shut down EA as a company. Even though EA's net revenue last year was almost 900 million dollars. Even though every player wouldnt be entitled to 600k. Even though there are no facts that support his opinion.

My posts weren't about just facts and weren't representative of that, just opinion like most others in this thread. I am speculating on why Mr Brown sued and why other players wouldn't have the right to do the same. So if someone could explain:

Why wouldn't every player have the right to sue?

Why wouldn't they be able to get 600K?

Is it because they don't have Mr Brown's stature? Because he's a HOF?

Here's a fact: As of 2016, 303 individuals have been elected. Let's say only 100 of them sued. You would think they would all be eligible for the same compensation as Mr. Brown. Here's another fact: 100 x $600K = $60 million.

So there's your facts.

Am I wrong in believing that a $60 million judgment wouldn't affect EA? If so, then why all the layoffs over the years?

And then you go on to say that a $600 million judgment wouldn't shut EA down. I don't know many companies that could survive that, it would mean layoffs and be big news for sure.

# 93 mrprice33 @ 07/01/16 01:40 PM

Quote:

Originally Posted by aholbert32


	He believes that every player who appeared on a classic roster in 08 would have grounds to sue. He also believes that they would all receive at least 600k. So lets say there were 1000 classic players in the game. Settlements would cost EA 600 million dollars. He believes that would shut down EA as a company. Even though EA's net revenue last year was almost 900 million dollars. Even though every player wouldnt be entitled to 600k. Even though there are no facts that support his opinion.

Posts>>>>>>>facts

# 94 aholbert32 @ 07/01/16 01:41 PM

Quote:

Originally Posted by baconbits11


	My posts weren't about just facts and weren't representative of that, just opinion like most others in this thread. I am speculating on why Mr Brown sued and why other players wouldn't have the right to do the same. So if someone could explain: Why wouldn't every player have the right to sue? Why wouldn't they be able to get 600K? Is it because they don't have Mr Brown's stature? Because he's a HOF? Am I wrong in believing that EA could absorb even 1/6th of a $600 million judgment? ($100 million)

Every player wouldnt have the right to sue. Current players are covered under the NFLPA license with EA so they have no grounds to sue. Only players who were on the classic rosters AND EA did not acquire their likeness rights would be eligible to sue.

Brown got 600k because EA used his likeness rights without permission AND after EA was specifically told by Brown that he did not want them to use his likeness. The intentional use of his likeness without permission is the main reason the settlement was as high as it was.

Another thing that plays into it is Brown's fame and status as a HOF. His likeness is worth more than most players in the game. Thats why the settlement was higher.

EA could absorb the cost of the entire 600 million settlement judgment. They generate more than that each year.

# 95 mrprice33 @ 07/01/16 01:42 PM

Quote:

Originally Posted by baconbits11


	My posts weren't about just facts and weren't representative of that, just opinion like most others in this thread. I am speculating on why Mr Brown sued and why other players wouldn't have the right to do the same. So if someone could explain: Why wouldn't every player have the right to sue? Why wouldn't they be able to get 600K? Is it because they don't have Mr Brown's stature? Because he's a HOF? Here's a fact: As of 2016, 303 individuals have been elected. Let's say only 100 of them sued. You would think they would all be eligible for the same compensation as Mr. Brown. Here's another fact: 100 x $600K = $60 million. So there's your facts. Am I wrong in believing that a $60 million judgment wouldn't affect EA? If so, then why all the layoffs over the years? And then you go on to say that a $600 million judgment wouldn't shut EA down. I don't know many companies that could survive that, it would mean layoffs and be big news for sure.

EA ASKED HIM FOR HIS PERMISSION AND HE SAID NO AND THEY DID IT ANYWAY!!!

IT'S A ONE-OFF THING! OTHER PLAYERS AGREED TO HAVE THEIR LIKENESSES USED AND WERE ALREADY COMPENSATED!!! ARE YOU TRYING TO BE THIS OBTUSE???!

# 96 baconbits11 @ 07/01/16 01:47 PM

Quote:

Originally Posted by mrprice33


	EA ASKED HIM FOR HIS PERMISSION AND HE SAID NO AND THEY DID IT ANYWAY!!! IT'S A ONE-OFF THING! OTHER PLAYERS AGREED TO HAVE THEIR LIKENESSES USED AND WERE ALREADY COMPENSATED!!! ARE YOU TRYING TO BE THIS OBTUSE???!

I don't see anything in this thread or a link, stating that all the other 1,000 players were already compensated or asked for their likenesses. There is no reason to be personally insulting and yell. I guess you feel you can do as you please because you have "EA Game Changer" by your name and you have a podcast. I'm stating an opinion on Mr Brown's actions and having a respectful discussion on what could happen, if you disagree fine, but personal attacks are against TOS.

# 97 aholbert32 @ 07/01/16 01:51 PM

Quote:

Originally Posted by baconbits11


	I don't see anything in this thread or a link, stating that all the other 1,000 players were already compensated or asked for their likenesses. There is no reason to be personally insulting and yell. I guess you feel you can do as you please because you have "EA Game Changer" by your name and you have a podcast. I'm stating an opinion, if you disagree fine, but personal attacks are against TOS.

You can assume that some were given that EA approached Brown and offered him money (He wasnt the only one) and that no other players have joined Brown's suit, filed separate suits or filed a class action.

Even if they didnt approach the other 1000 players, they all wouldnt receive 600k settlements or likely anything close.

# 98 mrprice33 @ 07/01/16 01:51 PM

Asking you if you're trying to be obtuse is a personal attack?

Okay man.

# 99 aholbert32 @ 07/01/16 01:53 PM

Quote:

Originally Posted by mrprice33


	Asking you if you're trying to be obtuse is a personal attack? Okay man.

I dont think he's being obtuse. I think he just doesnt understand the law.

His mistake is instead of asking questions, he made a bunch of statements that arent supported by the law or the facts in this case.

# 100 mrprice33 @ 07/01/16 01:53 PM

Quote:

Originally Posted by aholbert32


	You can assume that some were given that EA approached Brown and offered him money (He wasnt the only one) and that no other players have joined Brown's suit, filed separate suits or filed a class action. Even if they didnt approach the other 1000 players, they all wouldnt receive 600k settlements or likely anything close.

Right. Any lawyer worth anything would go out and try to find as many players as possible and make it a large-scale class action.

« Previous 1 2 3 456 Next »

More Links

Jim Brown Receives $600K Settlement Against EA