Another Legal Dispute for
EA
By Michael Weiner
January
19 – Well-known gaming company Electronic Arts is locked in yet another heated
legal battle, this time with aerospace company Textron, according to multiple
reports. The dispute stems from
EA’s depiction of 3 helicopters in the first-person shooter game Battlefield 3
that closely resemble helicopters made by Bell Helicopters, of which Textron is
the parent company.
On January 6, EA filed a
pre-emptive lawsuit against Textron after Textron had previously demanded that
EA cease and desist its depiction of the military choppers on the grounds that
the gaming company was using their likenesses without paying any sort of
licensing fees. EA claims that the
helicopters are not a central aspect of the game, is seeking a ruling that
protects their depictions of the choppers under the grounds that they are
protected by the First Amendment right to artistic expression, citing a
landmark Supreme Court decision in 2009 that granted the same rights of
expression to video games that protect the content of books.
“There
are various elements to this case,” says Susan Arnold, VP of Licensing at EMI
Entertainment World, and a copyright lawyer with over 20 years experience
dealing with intellectual property.
“I
can imagine why it would be deemed mere artistic expression, because I don’t
think Textron’s patents would cover the image and likeness of their machinery,”
says Arnold. “Alternatively, one
could argue that it [EA’s use of the helicopters] is product placement, or free
advertising for Textron. However,
since Textron is a weapons manufacturer, the game isn’t reaching any market
that would affect the commercial value of the helicopters’ proprietary
likeness.”
This
case comes on the heels of multiple lawsuits against EA by former college
football players regarding the company’s use of their likenesses in the NCAA
Football game series. The NCAA
forbids EA from using the names of the players due to its amateur rules, but EA
does use physical attributes, player ratings, and biographical information such
as the players’ hometowns that very closely resemble the real players. In each case, the judge ruled in favor
of EA, citing EA’s right to artistic expression and stating that the attributes
in the game do not make the players recognizable enough to be considered their
likenesses.
This
is the second time the two companies have argued over the depiction of Bell’s
helicopters, as Textron sued EA over the same issue in 2006. That case was settled outside of court
in 2007. The current case is open
and ongoing.
An interesting article - it would be great to see it fleshed out with more sources (perhaps, from gamers and/or other copyright lawyers).
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