Lawsuit Claims EA Used UNLV Fight Song in NCAA Games w/o Permission
Lawsuit Claims EA Used UNLV Fight Song in NCAA Games w/o Permission
October 14, 2008
A lawsuit filed in U.S. District Court in Nevada late last month alleges that sports game publisher Electronic Arts used the UNLV fight song in various NCAA-licensed games without obtaining permission of the composer.
Gerald Willis of Washoe County says in the suit that he is the composer and copyright holder of both the lyrics and music of Win With the Rebels. Willis claims that his tune can be heard in the following games:
- NCAA Basketball 09
- NCAA Football 09
- NCAA March Madness 08
- NCAA Football 08
- NCAA March Madness 07
- NCAA Football 07
- MVP NCAA Baseball 07
- NCAA March Madness 06
- NCAA Football 06
- MVP NCAA Baseball 06
From the complaint:
...an important element of Defendants' software is its realistic feel that is created, at least in part, by its recorded and reproduced sounds including but not limited to college fight song.
Willis seeks $150,000 per alleged copyright violation. We have a request in to EA for comment.
A PUBLICATION OF THE ECA
SUBSCRIBE
LOGINGamePolitics ShoutBox
Posted 02/09/10 at 01:16pm
Andrew Eisen: Shouldn't be. Spirit of anti-discrimination laws would seem to include sexual orientation (and eye color). Plus there's always equal protection and such. Never know until you try.
Andrew Eisen: Shouldn't be. Spirit of anti-discrimination laws would seem to include sexual orientation (and eye color). Plus there's always equal protection and such. Never know until you try.
Posted 02/09/10 at 01:10pm
Andrew Eisen: Should have sued (unless that wasn't an option given her financial situation or something). Might have won.
Andrew Eisen: Should have sued (unless that wasn't an option given her financial situation or something). Might have won.
Posted 02/09/10 at 01:00pm
Valdearg: Story about a Male to Female TG who was expressly told she wouldn't be given a job because she was TG. Its not the main point of the story, but explicit, perfectly legal discrimination like this exists.
Valdearg: Story about a Male to Female TG who was expressly told she wouldn't be given a job because she was TG. Its not the main point of the story, but explicit, perfectly legal discrimination like this exists.
Posted 02/09/10 at 12:53pm
Valdearg: Lol, I don't know. It may very well be legal to do so. Though that might able to fall under the "race" restriction, depending on how that point is argued.
Valdearg: Lol, I don't know. It may very well be legal to do so. Though that might able to fall under the "race" restriction, depending on how that point is argued.
Posted 02/09/10 at 12:51pm
Valdearg: I don't think they do have any legal recourse. I'll have to dig around, but I seriously believe that if the law doesn't specifically mention Sexual Orientation or Gender Identity, they can still be discriminated against in those 29 states.
Valdearg: I don't think they do have any legal recourse. I'll have to dig around, but I seriously believe that if the law doesn't specifically mention Sexual Orientation or Gender Identity, they can still be discriminated against in those 29 states.
Posted 02/09/10 at 12:51pm
Andrew Eisen: Eye color isn't covered either but I doubt it would be considered legal to refuse to hire people with green eyes.
Andrew Eisen: Eye color isn't covered either but I doubt it would be considered legal to refuse to hire people with green eyes.
Posted 02/09/10 at 12:48pm
Andrew Eisen: My explanation is longer than the Shoutbox will allow. Suffice to say that while those who are discriminated against do have legal recourse, anti-discrimination law should specifically cite sexual orientation so that there’s no question about it.
Andrew Eisen: My explanation is longer than the Shoutbox will allow. Suffice to say that while those who are discriminated against do have legal recourse, anti-discrimination law should specifically cite sexual orientation so that there’s no question about it.
Posted 02/09/10 at 12:42pm
Valdearg: "There is no federal law that consistently protects LGBT individuals from employment discrimination; it remains legal in 29 states, and in 38 states to do so based on gender identity or expression." From the Human Rights Campaign.
Valdearg: "There is no federal law that consistently protects LGBT individuals from employment discrimination; it remains legal in 29 states, and in 38 states to do so based on gender identity or expression." From the Human Rights Campaign.
Posted 02/09/10 at 12:40pm
Valdearg: @AE: Why don't you think I'm correct? I know Wiki could be flawed, but as far as it says, its up to date as of June 2009.
Valdearg: @AE: Why don't you think I'm correct? I know Wiki could be flawed, but as far as it says, its up to date as of June 2009.
Posted 02/09/10 at 12:39pm
Andrew Eisen: I don't think you're right but I really don't know and don't have the time to find out. However things actually are, it's very clear how they actually should be.
Andrew Eisen: I don't think you're right but I really don't know and don't have the time to find out. However things actually are, it's very clear how they actually should be.
Posted 02/09/10 at 12:34pm
Valdearg: "just because there's no specific state level protection for it, doesn't make discrimination right or legal." I would disagree. If there's no laws against it, it makes it perfectly legal. It's definitely not right, but perfectly legal to do.
Valdearg: "just because there's no specific state level protection for it, doesn't make discrimination right or legal." I would disagree. If there's no laws against it, it makes it perfectly legal. It's definitely not right, but perfectly legal to do.
Posted 02/09/10 at 12:33pm
Valdearg: Meaning in 29 states, private sector discrimination against gays is perfectly legal.. Sickening.
Valdearg: Meaning in 29 states, private sector discrimination against gays is perfectly legal.. Sickening.
Posted 02/09/10 at 12:33pm
Valdearg: 19 states have no protections, and another 10 only have protections for public sector jobs.
Valdearg: 19 states have no protections, and another 10 only have protections for public sector jobs.
Posted 02/09/10 at 12:32pm
Andrew Eisen: Well, most businesses have equal rights policies in place and just because there's no specific state level protection for it, doesn't make discrimination right or legal. Still, no argument against adding such protections.
Andrew Eisen: Well, most businesses have equal rights policies in place and just because there's no specific state level protection for it, doesn't make discrimination right or legal. Still, no argument against adding such protections.
Posted 02/09/10 at 12:28pm
Valdearg: More information. Apparently, it's worse than I actually thought.
Valdearg: More information. Apparently, it's worse than I actually thought.
Posted 02/09/10 at 12:28pm
Valdearg: Check the link. Apparently, its more like 20 states that have no protections.
Valdearg: Check the link. Apparently, its more like 20 states that have no protections.
Posted 02/09/10 at 12:26pm
Andrew Eisen: In the US? Not that I'm aware of. Sad if true.
Andrew Eisen: In the US? Not that I'm aware of. Sad if true.
Posted 02/09/10 at 12:25pm
Valdearg: @AE: Actually, I think, at least for now, businesses can still discriminate against gays in a few states.. Something like 5 or 8. Its part of why Gay Rights Advocates are in support of the Employee Nondiscrimination Act, or ENDA.
Valdearg: @AE: Actually, I think, at least for now, businesses can still discriminate against gays in a few states.. Something like 5 or 8. Its part of why Gay Rights Advocates are in support of the Employee Nondiscrimination Act, or ENDA.
Copyright © 2007 ECA. All rights reserved.
Game Politics and Game Politics logo are trademarks of the ECA.
Game Politics and Game Politics logo are trademarks of the ECA.
Comments
Here they come! One whiff of EAs blood in the water was all it took....
--------------------------------------------------
I LIKE the fence. I get 2 groups to laugh at then.
It depends, when he says "per infringement" does he mean per game sold, or does he just want 150K for every title it should have been liscenced for.
I'd imagine it's per IP that used it and not per unit. Otherwise there goes EA as a company huh?
Heh. If only.
Really though, it took them this long?
Hell, I hope it is Broken's former, because EA would prolly lose half of their income for the year, haha.
Well, under the new law, should this be calculated per violation/unit? Which would pretty much destroy EA entirely?
Sounds like Gerald Willis needs better Digital Rights Management to control the unauthorized distribution of his work. Hmm, wonder who could help him out with that...?
Irony is teh awesome. :)
If only this guy could put the serious beat down on EA for IPR violations with maximum statutory damages per infringement. It would be such perfect justice!
-------------------------------------------
"The most difficult pain a man can suffer is to have knowledge of much and power over little" - Herodotus
If the man has clear legal claim to the property, then he will likely prevail.
But school fight songs ... don't they typically either belong to the school itself, or to an implied public domain? It would be reasonable to assume that by licensing the right to use the school's IP in the games, that EA may have assumed that right extended to things like school fight songs? I would chalk this up to legal laziness on both the part of EA and the school.
--Verbinator
Wait so a company who whines and shoved down our throats one of the most horrible draconic anti piracy devices ever is now a pirate?
Oh the irony i hope he wont and got paid by EA. I can imagine all the players who dont get paid raging on steroids at this when they are in the game but not officially.