Legal Case Summary

James Brown v. Electronic Arts, Inc.


Date Argued: Mon Feb 14 2011
Case Number: 09-56675
Docket Number: 7846331
Judges:Quist, Rymer, Bybee
Duration: 30 minutes
Court Name: Court of Appeals for the Ninth Circuit

Case Summary

**Case Summary: James Brown v. Electronic Arts, Inc.** **Docket Number:** 7846331 **Court:** [Specify Court if known, e.g., United States District Court for the Southern District of New York] **Date Filed:** [Specify Date if known] **Parties Involved:** - **Plaintiff:** James Brown - **Defendant:** Electronic Arts, Inc. (EA Sports) **Background:** In this case, James Brown filed a lawsuit against Electronic Arts, Inc. alleging violations related to the unauthorized use of his likeness in a video game. The plaintiff argues that EA Sports included his name, image, or other identifiable characteristics in their popular sports video game without obtaining his consent or providing compensation, thereby infringing on his right of publicity. **Legal Claims:** The plaintiff brought forth claims that may include: 1. **Right of Publicity** - Arguing that EA's actions constitute an appropriation of Brown's name and likeness for commercial advantage. 2. **Invasion of Privacy** - Asserting that the unauthorized use of his likeness infringes upon his personal privacy rights. 3. **Intentional Infliction of Emotional Distress** - If applicable, Brown might have claimed that EA’s actions caused him significant emotional harm. **Defendant's Position:** Electronic Arts, Inc. likely defended itself by arguing that: - The use of Brown’s likeness falls under permissible use or transformative use, especially if it was part of a fictionalized or artistic rendition. - Any references were either too minor to constitute actionable claims or were part of the broader context of the game, which focuses on sports realism and entertainment. - They may assert First Amendment defenses, arguing that artistic expression in gaming should be protected. **Procedural Posture:** The case may have involved various motions, including motions to dismiss by EA, discovery disputes related to the use of likenesses, and other pretrial motions concerning the scope of damages. **Current Status:** As of the latest available information, the case may either be in the pre-trial phase, awaiting motions from both sides, or could have proceeded to trial with jury selection or a settlement process underway. **Conclusion:** The case exemplifies ongoing tensions in the intersection of intellectual property rights, privacy, and creative expression within the gaming industry. The outcome could potentially set precedents regarding the rights of individuals against corporate entities in the realm of likeness rights in video games. **Note:** It is crucial to check the latest court documents and filings for updates on the case's status, rulings, or potential settlements that may influence its final outcome.

James Brown v. Electronic Arts, Inc.


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