On Presidents and Prime Ministers Appearing in Games

September 27, 2010 -

In light of President Obama’s appearance in Madden NFL 11 and the upcoming NBA 2K11, Kotaku took a look at the Politics of Presidential Appearances.

In both games, a representation of Obama is used to help celebrate a Super Bowl win or an NBA championship. While the President does have rights to his likeness, Villanova University School of Law Professor Michael Risch stated that, “A sitting president is probably never going to sue.”

Kotaku wrote:

Essentially, a president is the one A-list celebrity you get to use for free, provided you’re not too egregious about it. A sitting president filing a civil suit over the unauthorised use of his image is as bad a play politically as could be imagined, especially if the work in which he’s appearing is complimentary and respectful as is the case with Madden and NBA 2K.

The piece argues that a President would never sue over the use of his likeness, unless his family was involved and/or depicted, or his appearance was meant to construe an endorsement of sorts, neither of which comes into play with his popping up in videogames. While Obama does appear in NBA 2K11 with a Spalding basketball, Kotaku notes that it is the official league ball.

While Obama could sue, but probably won’t, Jas Purewal over at the UK’s Gamer/Law blog was inspired by the Kotaku piece enough to theorize about the similar usage of Prime Minister David Cameron's likeness.

Purewal wrote:

There is no equivalent right of publicity under English law.  The courts have considered (and are still considering) the matter through case law but so far their approach has been that individuals do not need a right of publicity (if they feel sufficiently strongly about an unauthorised use of their likeness, they can rely upon other legal remedies such as passing off, but the application of such remedies to celebrity publicity cases is untested as far as I know).  Or, I suppose, he could potentially rely upon defamation law if the effect of including him in a game was defamatory.


Comments

Re: On Presidents and Prime Ministers Appearing in Games

Ew, I'm glad I don't play these games.

 
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NeenekoHeh. PoliSci tends to ruin the news. Kinda like how being a gamer tends to ruin mainstream game stories, any actual knowledge in a field highlights how poorly it is reported.09/30/2014 - 8:30am
MechaTama31Heh. I don't think you need a master's in politics to see that... ;)09/30/2014 - 7:32am
Matthew WilsonTrust me i read the same sites.I have a Master's in Applied Politics. I get to see through the spin both Left and Right that tend to be put on news stories.09/30/2014 - 1:02am
WymorenceI also have an extremely hard time in listening to people who froth at the mouth when the POTUS does something almost identical to the previous POTUS, but for some reason is subhuman for it this time around09/30/2014 - 12:43am
WymorenceThe problem is that opposing views are a good thing, but sites like Brietbart and their ilk are the exact opposite. 9/10 times they tweak the news to benefit their own views instead of just giving their own side of it.09/30/2014 - 12:41am
james_fudgeIf I were in a cult I might try and shut myself away from opposing views...09/29/2014 - 11:48pm
james_fudgeoh and Nate Silver and Politico too.09/29/2014 - 11:48pm
james_fudgeI read a lot of sites every day, Drudge, Breitbart, Huffpo, DailKOS, Red State, Fox, MSNBC, CNN and i'm not infected. Time for people to get thicker skins.09/29/2014 - 11:46pm
james_fudgeNeo_DrKefka: you do know you visited "one of those sites" when you posted that article, right?09/29/2014 - 11:44pm
E. Zachary KnightOcarina of Time done up in the Link to the Past engine? You know I would buy this day one if it were official. http://kotaku.com/fans-are-remaking-ocarina-of-time-in-2d-164059481909/29/2014 - 11:14pm
MaskedPixelantehttps://twitter.com/raymond03155046/status/516735796754522113 "We're fundraising for the group who helped our pets out in their time of need." "lol ur just doing this for the money get over your cat."09/29/2014 - 9:26pm
MechaTama31https://www.humblebundle.com/store/p/dontmove_storefront <-- This looks like it might be the most incredible dollar I'll ever spend.09/29/2014 - 9:12pm
Matthew WilsonI agree. the same for MSNBC as well. both of them can go away, but like it or not its a free market and fox news make allot of money sadly.09/29/2014 - 7:46pm
quiknkoldI'm an independent voter. Vote Blue and Red. so I dont really visit any specific news sites(Though I know FoxNews can take a flying leap off a bridge)09/29/2014 - 7:02pm
quiknkoldFactcheck.org. there you go. neither left or right. straight down the center.09/29/2014 - 7:01pm
Craig R.When a website's tinfoil isn't enough, add your own!09/29/2014 - 6:32pm
Andrew EisenWe used to have a reader who constantly posted DailyKOS articles in the Shout box. I was amazed, not so much by the amazing and horrifically disingenuous spin the site put on these articles, but that our reader would add his own spin on top of it!09/29/2014 - 6:05pm
E. Zachary KnightYou do realize that DailyKOS is the Brietbart of the left wing agenda, right?09/29/2014 - 6:01pm
quiknkoldproblem with Breibart is, despite I totally agreeing with Nero's articles.....its freaking Breibart. Its not the best place int he world when it comes to trust. if DailyKos or think progress reported it....well...things would be better. but here we are.09/29/2014 - 6:00pm
Neo_DrKefkaAt this point I need to stop visiting certain sites. At least now I have a list of people and where they work where I need to avoid http://www.breitbart.com/Breitbart-London/2014/09/21/GameJournoPros-we-reveal-every-journalist-on-the-list09/29/2014 - 5:56pm
 

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