Electronic Arts and the makers of Bell Helicopter, have settled a lawsuit concerning the use of real-world aircraft in Battlefield 3, for which EA did not have permission. The publisher had asked a judge to rule it had a right to the depictions because they were part of a creative work protected by the First Amendment.
EA has made the First Amendment defense in another, more pressing case, the one former college quarterback Ryan Hart brought against the company for what he alleges is the unauthorized and uncompensated use of his likeness in EA Sportsâ NCAA Football series. EA originally prevailed in 2011 on that claim, but a federal appeals court in May overturned that decision and sent the case back to district court. Last month, the defense was rejected by a federal appeals court in a separate matter brought by another college quarterback, Samuel Keller.
The fact EA is using a First Amendment defense in two different districts almost guarantees the matter will end up before the U.S. Supreme Court to be resolved once and for all. Its legal division may have judged the fight with Textron to be either redundant or needlessly expensive. Textron also had made counterclaims of trademark infringement, which a judge allowed to proceed in July 2012.
Despite assurances to licensing partners it doesnât intend to use a favorable ruling to unwind the lucrative contracts behind games like Madden NFL, this First Amendment defense has put EA at odds with several professional sports playersâ unions, including the NFL Playersâ Association, to which EA has paid around $30 million annually (though for some reason, the figure dropped to $2.1 million in the most recent fiscal year, possibly because of reworked payments in light of the 2011 NFL lockout.)
EA Settles Battlefield 3 and Textron Helicopter Lawsuit [Joystiq]
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