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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Papa MidnightIt's not bad so far, but I am honestly not sure what to make of it (or where it's going for that matter)07/28/2014 - 9:44pm
Matthew Wilsonis it any good?07/28/2014 - 9:36pm
Papa Midnight"Love Child" on HBO -- anyone else watching this?07/28/2014 - 9:27pm
MaskedPixelanteNah, I'm fine purple monkey dishwasher.07/28/2014 - 4:05pm
Sleaker@MP - I hope you didn't suffer a loss of your mental faculties attempting that.07/28/2014 - 3:48pm
MaskedPixelanteOK, so my brief research looking at GameFAQs forums (protip, don't do that if you wish to keep your sanity intact.), the 3DS doesn't have the power to run anything more powerful than the NES/GBC/GG AND run the 3DS system in the background.07/28/2014 - 11:01am
ZenMatthew, the 3DS already has GBA games in the form of the ambassador tittles. And I an just as curious about them not releasing them on there like they did the NES ones. I do like them on the Wii U as well, but seems weird. And where are the N64 games?07/28/2014 - 10:40am
james_fudgeNo. They already cut the price. Unless they release a new version that has a higher price point.07/28/2014 - 10:19am
E. Zachary KnightMatthew, It most likely is. The question is whether Nintendo wants to do it.07/28/2014 - 10:12am
Matthew WilsonI am sure the 3ds im more then powerful enough to emulate a GBA game.07/28/2014 - 9:54am
Sleaker@IanC - while the processor is effectively the same or very similar, the issue is how they setup the peripheral hardware. It would probably require creating some kind of emulation for the 3DS to handle interfacing with the audio and input methods for GBA07/28/2014 - 9:30am
Sleaker@EZK - hmmm, that makes sense. I could have sworn I had played GB/GBC games on it too though (emud of course)07/28/2014 - 9:23am
E. Zachary KnightSleaker, the DS has a built in GBA chipset in the system. That is why it played GBA games. The GBA had a seperate chipset for GB and GBColor games. The DS did not have that GB/GBC chipset and that is why the DS could not play GB and GBC games.07/28/2014 - 7:25am
IanCI dont think Nintendo ever gave reason why GBA games a reason why GBA games aren't on the 3DS eshop. The 3DS uses chips that are backwards compatable with the GBA ob GBA processor, after all.07/28/2014 - 6:46am
Sleakerhmmm that's odd I could play GBA games natively in my original DS.07/28/2014 - 1:39am
Matthew Wilsonbasically "we do not want to put these games on a system more then 10 people own" just joking07/27/2014 - 8:13pm
MaskedPixelanteSomething, something, the 3DS can't properly emulate GBA games and it was a massive struggle to get the ambassador games running properly.07/27/2014 - 8:06pm
Andrew EisenIdeally, you'd be able to play such games on either platform but until that time, I think Nintendo's using the exclusivity in an attempt to further drive Wii U sales.07/27/2014 - 7:21pm
Matthew WilsonI am kind of surprised games like battle network are not out on the 3ds.07/27/2014 - 7:01pm
Andrew EisenWell, Mega Man 1 - 4, X and X2 are already on there and the first Battle Network is due out July 31st.07/27/2014 - 6:16pm
 

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