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Jim Brown to receive $600K from EA Sports for unauthorized use of likeness

Ron Schwane / USA TODAY Sports

Hall of Fame running back Jim Brown's eight-year legal battle with EA Sports is over.

Brown will receive a payment of $600,000 from the video game company following the use of an unauthorized avatar featuring his likeness in an edition of Madden NFL, according to a statement from his attorneys.

The original lawsuit was filed in 2008 after EA ignored that Brown refused a request to allow use of an avatar with his height, weight, skin color, experience, team, position and ability level in their game.

"I took a stand for all athletes and laid a framework for future plaintiffs with my great legal team," Brown said through the statement. "Hopefully, this is a step forward in getting companies like Electronic Arts to recognize the value that athletes have in selling their products."

EA had argued that the use was simply "incidental", but a court ruled against that claim in 2015, stating "Jim Brown is not a 1-in-7,500 player...Brown is iconic and unique. His likeness is not merely incidental to the game."

Brown's attorney, Robert Carey, says the victory is an important reminder for companies like EA that athletes' likeness and identity is not for the taking.

"This recovery marks an important victory for plaintiffs in publicity-rights cases, and athletes in particular," said Carey. "Big business should think twice before it turns players’ hard-won identities and achievements into merchandise without permission or compensation."

- With H/T to Pro Football Talk

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