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Category — Personality Rights Cases

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Categories: Character License CasesFeatured ArticlesPersonality Rights CasesStartup Game Developer IssuesTrademark Cases

Forbes provides this article and interactive pie chart explaining/breaking down the cost structure of modern video games such as the blockbuster Gears of War:

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  • 25%/$15 - Art Design

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  • 0.3%/20¢ - Corporate costs (management, overhead, legal fees Wink)

  • 0.05%/3¢ - Hardware Development Costs (Developer kits, demo units etc.)

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Forbes provides this article and interactive pie chart explaining/breaking down the cost structure of modern video games such as the blockbuster Gears of War:

Read Forbes Article

View Interactive Pie Chart

Here's a Summary of the Interactive Pie Chart:


  • 25%/$15 - Art Design

  • 20%/$12 - Programming and Engineering

  • 20%/$12 - Retailer's Cut

  • 11.5%/$7 - Console Owner Fees (to Microsoft/Nintendo/Sony)

  • 7%/$4 - Marketing Costs

  • Buy Xopenex Over The Counter, 5%/$3 - Marketing Development Fund (print circulars/banner ads, etc.)

  • 5%/$3 - Manufacturing Costs, Packaging

  • 5%/$3 - Licensing Fees (personality rights, character and story licenses, copyrights, trademarks, etc.)

  • 1.5%/$1 - Publisher Profit

  • 1.5%/$1 - Distributor Fees

  • 0.3%/20¢ - Corporate costs (management, overhead, legal fees Wink)

  • 0.05%/3¢ - Hardware Development Costs (Developer kits, demo units etc.)

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Categories: DecisionsPersonality Rights Cases

  Text of Kirby Where Can I Buy Aldactone, v. 40mg Aldactone, Sega (Sept 25, 2006)
The 2nd Circuit Court of Appeal has held that Sega has a First Amendment exception defense to a right of publicity claim made against it in the context of a game character that shared similar traits to a real-world celebrity. 

Sega created the video game Space Channel 5 featuring a character named Ulala, 150mg Aldactone, Aldactone mexico, a reporter who wears a short skirt and platform boots and has pink hair - all of which are physical similarities to the former lead singer of the 1990s funk band Deee-LiteKirby - Kieren Kirby. 

In this ruling the court held that Sega had passed the "transformative" test set out in the earlier Comedy III Productions v. Gary Saderup case by ‘adding something new, 100mg Aldactone, Aldactone coupon, with a further purpose or different character, altering the first with new expression, Aldactone india, Aldactone canada, meaning, or message." Specifically:

If the “product containing he celebrity’s likeness is so transformed that it has become primarily the defendant’s own expression” of what he or she is trying to create or portray, Aldactone australia, Aldactone usa, rather than the celebrity’s likeness, it is protected. 

In applying the test to the facts of the case, Aldactone japan, 10mg Aldactone, Justice Paul Boland concluded:

Ulala is more than a mere likeness or literal depiction of Kirby. Ulala contains sufficient expressive content to constitute a “transformative work” under the test articulated by the Supreme Court, Aldactone overseas. 30mg Aldactone, First, Ulala is not a literal depiction of Kirby, 250mg Aldactone. As discussed above, the two share similarities, Where Can I Buy Aldactone. Aldactone ebay, However, they also differ quite a bit: Ulala’s extremely tall, 500mg Aldactone, 200mg Aldactone, slender computer-generated physique is dissimilar from Kirby’s. Evidence also indicated Ulala was based, 20mg Aldactone, 50mg Aldactone, at least in part, on the Japanese style of “anime.” Ulala’s typicalhairstyle and primary costume differ from those worn by Kirby who varied her costumesand outfits, 750mg Aldactone, Aldactone paypal, and wore her hair in several styles. Moreover, Aldactone craiglist, 1000mg Aldactone, the setting for the game thatfeatures Ulala – as a space-age reporter in the 25th century – is unlike any public depiction of Kirby. Finally, Aldactone us, Aldactone uk, we agree with the trial court that the dance moves performed by Ulala – typically short, quick movements of the arms, legs and head – are unlikeKirby’s movements in any of her music videos. Taken together, these differences demonstrate Ulala is “transformative,” and respondents added creative elements to createa new expression.

According to this FindLaw.com the Kirby case is at odds with a prior Missouri Supreme Court case setting up a possible Supreme Court challenge.

Sources: The Legal Reader | FindLaw.com | Fenwick & West | The Hollywood Reporter | MetNews | Davis & Co.

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  Text of Kirby Where Can I Buy Aldactone, v. 40mg Aldactone, Sega (Sept 25, 2006)
The 2nd Circuit Court of Appeal has held that Sega has a First Amendment exception defense to a right of publicity claim made against it in the context of a game character that shared similar traits to a real-world celebrity. 

Sega created the video game Space Channel 5 featuring a character named Ulala, 150mg Aldactone, Aldactone mexico, a reporter who wears a short skirt and platform boots and has pink hair - all of which are physical similarities to the former lead singer of the 1990s funk band Deee-LiteKirby - Kieren Kirby. 

In this ruling the court held that Sega had passed the "transformative" test set out in the earlier Comedy III Productions v. Gary Saderup case by ‘adding something new, 100mg Aldactone, Aldactone coupon, with a further purpose or different character, altering the first with new expression, Aldactone india, Aldactone canada, meaning, or message." Specifically:

If the “product containing he celebrity’s likeness is so transformed that it has become primarily the defendant’s own expression” of what he or she is trying to create or portray, Aldactone australia, Aldactone usa, rather than the celebrity’s likeness, it is protected. 

In applying the test to the facts of the case, Aldactone japan, 10mg Aldactone, Justice Paul Boland concluded:

Ulala is more than a mere likeness or literal depiction of Kirby. Ulala contains sufficient expressive content to constitute a “transformative work” under the test articulated by the Supreme Court, Aldactone overseas. 30mg Aldactone, First, Ulala is not a literal depiction of Kirby, 250mg Aldactone. As discussed above, the two share similarities, Where Can I Buy Aldactone. Aldactone ebay, However, they also differ quite a bit: Ulala’s extremely tall, 500mg Aldactone, 200mg Aldactone, slender computer-generated physique is dissimilar from Kirby’s. Evidence also indicated Ulala was based, 20mg Aldactone, 50mg Aldactone, at least in part, on the Japanese style of “anime.” Ulala’s typicalhairstyle and primary costume differ from those worn by Kirby who varied her costumesand outfits, 750mg Aldactone, Aldactone paypal, and wore her hair in several styles. Moreover, Aldactone craiglist, 1000mg Aldactone, the setting for the game thatfeatures Ulala – as a space-age reporter in the 25th century – is unlike any public depiction of Kirby. Finally, Aldactone us, Aldactone uk, we agree with the trial court that the dance moves performed by Ulala – typically short, quick movements of the arms, legs and head – are unlikeKirby’s movements in any of her music videos. Taken together, these differences demonstrate Ulala is “transformative,” and respondents added creative elements to createa new expression.

According to this FindLaw.com the Kirby case is at odds with a prior Missouri Supreme Court case setting up a possible Supreme Court challenge.

Sources: The Legal Reader | FindLaw.com | Fenwick & West | The Hollywood Reporter | MetNews | Davis & Co.

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Categories: Copyright CasesPersonality Rights Cases

Text of Decision
No RX Clonidine, CBC Distribution was denied a new licensing agreement with MLB's players' association. CDC sued them for the right to use the player profiles and statistics, 750mg Clonidine. Clonidine canada, U.S. District Court Judge Mary Ann Medler has concluded that "The names and playing records of major league baseball players as used in CBC's fantasy games are not copyrightable, Clonidine coupon. Clonidine craiglist, Therefore, federal copyright law does not pre-empt the players' claimed right of publicity." The MLBPA is appealing.
 
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Categories: Personality Rights Cases

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Augmentin For Sale, Seven World Poker Tour players announced their intent to sue WPT Enterprises over the use of their likenesses in the WPT video game. Players argue they were unfairly forced to sign a waive their rights in order to enter the poker tournament.
 
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New Face of Laura Croft – Karima Adebibe

Categories: HumourPersonality Rights Cases

Mike Sigel Sues for use of Likeness in Virtual Pool 2

Categories: Personality Rights Cases

Hall of Fame Pool Player Mike Sigel filed a lawsuit today against computer game manufacturers, Interplay Entertainment Corp and Celeris, Inc., for using his name and likeness without his permission. Source: PR Newswire

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‘Ollie’ Skateboarder Sues Game Companies Over Use

Categories: Personality Rights CasesTrademark Cases

Veteran skateboarder Alan "Ollie" Gelfand has sued Disney Interactive, Sega and various skateboard-related companies over what he claims to be trademark infringement of his nickname, and is seeking over $20 million in damages. Sources: Gamasutra  |  GameDaily |  Miami Herold  |  Florida Today  |  Gainesville.com

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Pernell Harris Sues EA over Features in Madden 06

Categories: Personality Rights CasesTrade Secret Cases

Harris claims that EA is in breach of an "implied in fact contract" and a confidentiality agreement by using his idea for the NFL Superstar mode in the game without compensation. The mode allows the gamer to take day-to-day control of an NFL player both on and off the field. He says the idea stems from a confidential pitch he made to EA in 2004. Sources: Gamasutra.com  |  Next Generation  |  GameSpot  |  Reuters  |  ZDNet

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‘Vili the Warrior’ Settles with E.A.

Categories: Personality Rights CasesSettlements

Viliami Fehoko (Vili) and E.A. have settled Fehoko's earlier claim of using his character without compensation in E.A.'s NCAA Football 06 for an undisclosed amount of money, and the game will continue to be sold with Vili the Warrior in it. Source: Game Politics | KHON2 Related Posts:

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‘Vili the Warrior’ Battles EA in Court

Categories: Personality Rights Cases

Viliami Fehoko, the man behind the menacing war paint of Vili the Warrior, says that EA never obtained his permission nor paid him compensation for the use of his Vili character as a featured mascot in NCAA Football '06. According to the article, Fehoko has claimed $75,000 in damages. Source: GameSpot | Hawaii Channel | Joystiq | Game Politics | Times Online Related Posts:

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Character Licenses

Categories: Character License CasesCopyrightsFeatured ArticlesIndustry ContractsPersonality Rights CasesTrademarks

Marc Mayer, of Mitchell Silberberg & Knupp LLP describes how to avoid the pitfalls of using likenesses of individuals in video games. Source: NextGen.biz

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Screen Actors Guild Approves New Game Voiceover Contract

Categories: Personality Rights Cases

Members of the Screen Actors Guild (SAG) union overwhelmingly approved a new contract governing their work in the game sector. Voice-over and other performers will receive a 36% boost in wages, beginning with an immediate 25% hike. Sources: Gamasutra  |  Cathy Kirkman Blog  |  SAG Watchdog  |  SAG Press Release

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Topheavy Enjoined from Guy Game Sales

Categories: InjunctionsPersonality Rights CasesPolice ActionsSexuality Cases

Travis Co. District Judge Suzanne Covington granted a restraining order and, in January, granted a subsequent request for a temporary injunction against Topheavy. As a result, copies of The Guy Game have been removed from store shelves. Source: Austin Chronicle Related Posts:

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Take-Two, Topheavy, Sony, and Microsoft Sued over Topless Minor in The Guy Game

Categories: Personality Rights CasesPolice ActionsSexuality Cases

A young woman has filed suit against for including footage of her topless, taken during the annual spring break revels on Texas' South Padre Island, without her legal consent. The woman was only 17 at the time, and therefore legally incapable of giving her consent to be in The Guy Game, let alone half naked. Sources: Gamespot | EuroGamer | 1Up.com | The Register | XBox Addict | Statesman.com Related Posts:

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Uri Geller To Sue Nintendo

Categories: Personality Rights CasesPolice Actions

Uri Geller, the millionaire paranormalist, is suing the computer giant Nintendo for more than £60m for allegedly using his image in its best-selling Pokemon game without his permission. Sources: Gamasutra | Guardian Unlimited | The Register | ZDNet UK

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