Not Playing Around: 8 Lawsuits Involving Video Games

Former pro football player Jim Brown filed a lawsuit against Sony and Electronic Arts.
Former pro football player Jim Brown filed a lawsuit against Sony and Electronic Arts.
George Rose, Getty Images

Sam Keller, who played college football at Arizona State and Nebraska, recently filed a class-action lawsuit claiming that video game giant Electronic Arts and the National Collegiate Athletic Association illegally profit by using college basketball and football players' likenesses in video games without their permission. While the games don't use the players' names, the uniform numbers, height, weight, home state, skin tone, and even hairstyle correspond to actual student athletes, and gamers can download rosters of the players' names online. Here are 8 other examples of celebrities and athletes who took issue with their portrayal in video games and advertisements.

1. Jim Brown of the Cleveland Browns

In 2008, former Cleveland Browns great Jim Brown filed a lawsuit claiming Sony and Electronic Arts used his likeness in their Madden video game without his permission. According to the New York Daily News, the Hall of Fame running back sued because the All Browns Team, a collection of the greatest players in Cleveland Browns history, features "a muscular African-American player wearing number 32." Earlier this year, the NFL Players Association reached a $26 million settlement with its retired players after a federal jury found that the union's licensing subsidiary had allowed Electronic Arts to use retired players' likenesses in their games without compensation by scrambling uniform numbers and not using the players' names.

2. Not so Dee-Lited with Sega

In 2003, ex-Dee-Lite star Kierin Kirby, better known as Lady Miss Kier, filed a lawsuit in Los Angeles Superior Court against Sega because the main character in the popular video game Space Channel 5 bore a "striking physical similarity and likeness" to her. Kirby sought more than $750,000 in damages for misappropriation of her likeness and claimed, among other things, that the character's name, Ulala, was a blatant rip-off of one of her signature phrases, "Ooh la la." Kirby, who burst onto the scene with Dee-Lite in the early '90s with the hit song "Groove Is In The Heart," had declined a $15,000 offer from Sega three years earlier for the rights to use her image in the game. Sega argued that a version of the game featuring Ulala was released in Japan between 1997 and 1999 and the creators had never heard of Dee-Lite or Lady Miss Kier. Game over. Kirby lost the suit and a later appeal, and she was ordered to pay all of Sega's legal fees, which totaled more than $600,000. Ooh la la!

3. Baseball's old-timers strike back

Darrel Chaney, who had more strikeouts than hits in his 11-year major league career, led a group of former major leaguers in a class-action lawsuit against nearly a dozen computer game makers in an effort to earn similar compensation to what baseball's current players receive in exchange for the right to use their likenesses in games. Chaney's efforts began 2 years after Don Newcombe and several of his Brooklyn Dodgers teammates filed a similar suit against Warner Communications, the makers of Hardball 5. The lawsuits were settled in 2000. Most baseball video games no longer use former players' actual names.

4. The Romantics don't like much about Guitar Hero

The Romantics filed a lawsuit against Activision Inc., the maker of Guitar Hero, claiming that the video game infringed on their rights by featuring a recording similar to the band's best known song, the 1980 hit "What I Like About You." While Activision obtained permission to use a cover version of the song, the Romantics claimed the imitation was too much like their original recording. A federal judge in Detroit ruled against the band, which was seeking unspecified damages and an injunction on the game's sale, indicating that Activision had acted in good faith by securing the rights to record a cover version.

5. BMX racer didn't want an XXX reputation

Professional dirt-bike racer Dave Mirra filed a lawsuit against video game maker Acclaim in 2003, seeking over $20 million in damages for using his name and likeness in a game that allegedly damaged his image. According to the suit, Mirra had originally agreed to be associated with the game, BMX XXX, which the company described to him as a mature game in the vein of such films as "Airplane!" The end product, however, was much racier. Mirra alleged in the suit: "Acclaim changed the concept of the game to become more sexually explicit and pornographic, ultimately settling on nudity as a major selling point." The lawsuit was eventually settled amicably, with no monetary damages paid by either side.

6. Double trouble

In 2004, Mary-Kate and Ashley Olsen sued Acclaim for close to $500,000, citing breach of contract after the cancellation of the Mary-Kate and Ashley in ACTION! video game. Acclaim was ordered to pay nearly $178,000 as part of a settlement and filed for Chapter 7 bankruptcy soon after.

7. Suit the rapper

Curtis Jackson, better known as 50 Cent, filed suit against Traffix Inc. for $1 million for using his image in an online advertisement without his permission. As part of the Flash-based game "Shoot the Rapper," users were prompted to shoot 50 Cent as he walked along a red carpet with a click of the mouse. A successful shot redirected the user to a Traffix client's Web site. "It looks like him, and there's no doubt the character is intended to be him," 50 Cent's lawyer said.

8. "Finish him" in court

Ho Sung Pak sued Midway, Acclaim, Sega, and Nintendo, the makers of Mortal Kombat, for using his likeness and name without his consent. Pak, whose name appears in the credits, claimed the character Liu Kang was based on him. Pak was paid $2000 to lend his support to the arcade version of the game produced by Midway and two other companies, but sought compensatory damages for the alleged misappropriation of his name and likeness in the wildly popular at-home version. The case settled on the eve of a jury trial. Pak, who is a member of the Black Belt Hall of Fame, played Raphael in the second and third Teenage Mutant Ninja Turtles movies.

Bonus: I'd like to buy a foul

This lawsuit involves an electronics giant, not a video game, so we're including it as a bonus. In 1993, Wheel of Fortune's Vanna White filed a lawsuit against Samsung for misappropriating her identity in a print advertisement. The ad, for a VCR, featured a robot in a blond wig and evening gown turning letters with a caption that read, "Longest running game show. 2012 A.D." White won the lawsuit, which was affirmed by the United States Court of Appeals for the Ninth Circuit. The court ruled in favor of White's claim of a right to her property of publicity.

9 Facial Reconstructions of Famous Historical Figures

A facial reconstruction of King Richard III unveiled by the Richard III Society in 2013
A facial reconstruction of King Richard III unveiled by the Richard III Society in 2013
Dan Kitwood/Getty Images

Why look at a painting of a historical figure when you can come face to face with one? Forensic facial reconstruction using scans of skeletal remains allows researchers to create 3D models of the face through a combination of science, history, and artistic interpretation. The results may be somewhat subjective, but they’re fascinating anyway. Here are nine facial reconstructions of famous people.

1. Richard III

In 2012, King Richard III’s skeleton was found below a parking lot in Leicester, England, where in 1485 he was hurriedly buried after dying in battle. A reconstruction (above) shows a young man, only 32 years old, with a gentle, approachable face. It’s a far cry from the child-murdering villain portrayed by Shakespeare and other writers. One thing they said does seem accurate, however: The skeleton had a curved spine from scoliosis, suggesting that Richard’s humpback may have been real.

2. Bach

J.S. Bach’s bust has sat on innumerable pianos for centuries, but he only posed for one portrait in his lifetime. So this reconstruction of his face—which was taken from a bronze cast of his skull—offers an interesting glimpse into the man beneath the 18th century wig. You get the same thick neck, underbite, and stern brow you see in the painting, but the reconstruction’s friendly, confused stare lacks the soul of the real man … and his music, for that matter.

3. Shakespeare

Apparently, no one knows anything about Shakespeare for sure—his hair color, his sexual orientation, how he spelled his name, whether he liked his wife, etc. Some people aren’t even sure whether he wrote his plays or not. So this rendering, taken from a death mask found in Germany, is bound to be controversial. But if it is Shakespeare, it’s pretty intriguing. It shows a man who suffered from cancer and had a sad, soulful face.

4. Dante

Maybe it’s because The Divine Comedy dealt with the ugliness of sin that Dante Alighieri is usually depicted as unattractive, with a pointy chin, buggy eyes, and enormous hooked nose. But a reconstruction done from measurements of the skull taken in 1921—the only time the remains have been out of the crypt—reveals a much more attractive Dante. The face has a rounder chin, pleasant eyes, and smaller nose than previously thought. It’s a face with character.

5. King Henri IV

The mummified head of France’s King Henri IV was lost after the French Revolution until a few years ago, when it showed up in a tax collector’s attic. In his day, Henri was beloved by everyone except the Catholic fundamentalists who murdered him in 1610. The hard-living king looks a bit old for his 56 years, but there’s a twinkle in his eyes. What the model cannot show, however, was how much the king stank—apparently he smelled of ”garlic, feet and armpits.”

6. Cleopatra’s Sister

Cleopatra hated her half-sister Arsinoe IV so much she had her dragged out of the temple of Artemis and murdered. In 2013, researchers said they had discovered what may be Arisone’s body, based on the shape of the tomb, carbon dating, and other factors. The resulting facial reconstruction shows a petite teenager of European and African blood. And yeah, maybe this is closer to what Arsinoe would look like if she were trapped in The Sims, but since Cleopatra’s remains are long gone, this may be the closest we get to knowing what she looked like.

7. King Tut

King Tutankhamun, whose famous sarcophagus has traveled far more than the “boy king” did in his 19-year lifetime, had buckteeth, a receding chin, and a slim nose, according to 3D renderings of his mummy. His weird skull shape is just within range of normal and was probably genetic—his father, Akhenaten, had a similarly shaped head. Tut’s body also had a broken leg, indicating he may have died from falling off a horse or chariot.

8. Copernicus

Nicolaus Copernicus, who challenged the belief that the sun revolved around the earth, died in 1543 at age 70. When his body was found in 2006 in a Polish church and confirmed by matching DNA to strands of his hair left in a book, the Polish police used their forensic laboratory to make this portrait. They made sure to include Copernicus’s broken nose and the scar above his left eye. Who knew that the Father of Astronomy looked so much like the actor James Cromwell?

9. Santa Claus

The remains of St. Nicholas, i.e. Santa Claus, have been in a church in Bari, Italy, since they were stolen from Turkey in 1087. This reproduction, taken from measurements of his skull, reveal that St. Nicholas had a small body—he was only 5’6”—and a huge, masculine head, with a square jaw and strong muscles in the neck. He also had a broken nose, like someone had beaten him up. This is consistent with accounts of St. Nicholas from the time: It turns out that Santa Claus had quite a temper.

A version of this list was first published in 2013.

Fabric Allegedly From Queen Elizabeth I’s Only Surviving Piece of Clothing Is Going on Display

© Historic Royal Palaces Courtesy of St. Faith's Church, Bacton
© Historic Royal Palaces Courtesy of St. Faith's Church, Bacton

When Eleri Lynn, curator of historic dress at Historic Royal Palaces, first laid eyes on the Bacton altar cloth, she had a feeling that it wasn’t your typical 16th-century altar cloth. She had come across it online while researching Welsh connections to the Tudor court, and decided to pay a visit to St. Faith’s Church in Bacton, Herefordshire, England, to see it in person.

“I knew immediately that it was something special,” she told The Telegraph. “As I examined it, I felt as though I had found the Holy Grail, the Mona Lisa of fashion.” After a year’s worth of careful analysis, experts believe it was originally part of a dress that Queen Elizabeth I wore in the Rainbow Portrait of 1602. That makes it the only known surviving piece of clothing worn by the Virgin Queen.

Elizabeth I Rainbow Portrait
Isaac Oliver, Wikimedia Commons // Public Domain

The cloth and Elizabeth I’s dress are both embroidered with roses, daffodils, and other flowers. The altar cloth shows animals like butterflies, frogs, squirrels, and bears, which Lynn thinks were added after the Rainbow Portrait was painted. Lynn also noticed that the altar cloth contains strands of gold and silver, which only the royal family could wear during Elizabeth I’s reign due to strict sumptuary laws.

Bacton altar cloth from Elizabeth I's dress
© Historic Royal Palaces Courtesy of St. Faith's Church, Bacton

Close-up on Bacton altar cloth from Elizabeth I's dress
© Historic Royal Palaces Courtesy of St. Faith's Church, Bacton

Since royal attire was so extravagant, it was often handed down to the next generation or reincarnated as upholstery. And, according to a statement from Hampton Royal Palaces, Elizabeth I sometimes gave her hand-me-downs to Blanche Parry, her Chief Gentlewoman of the Bedchamber and the woman who had nursed her from infancy. Parry, as it so happens, belonged to St. Faith’s Church. Lynn and her fellow historians posit that Elizabeth I may have even sent this particular fabric to St. Faith’s in memory of her companion.

While recycling or reusing clothing was sustainable, it has made it difficult for Lynn and her contemporaries to track down fashion relics from the Tudor dynasty. In addition to that, Lynn told The Telegraph, “Oliver Cromwell sold off every item of clothing in the royal stores, so the only things we have, including a hat which might have been worn by Henry VIII, have come back to Hampton Court after they have survived elsewhere.”

St. Faith’s has loaned the cloth to Historic Royal Palaces, the charity that oversees Hampton Court Palace, where you can see it on display along with the Rainbow Portrait and other Tudor artifacts from October 12, 2019, to February 23, 2020.

[h/t The Telegraph]

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