Photo by Paul Sakuma
© 2008 Associated Press
(Image of John Madden's video games. During a show about the games, John Facenda's voice was used.)
By: Emily Arrighi
According to firstamendmentcenter.org, the son of football announcer and “Voice of God” John Facenda will have the opportunity to bring his case in front of a jury.
Facenda’s voice was used in a show about a John Madden video game. The show was aired eight times. Facenda’s contract allows the NFL to use his voice except for commericial endorsments.
The 3rd U.S Circuit Court of Appeals said that his voice was used for what they considered a commercial based work. However, the NFL felt that his voice was used in an “artistic endeavor” which would be protected by the first amendment. The Court also did not agree with the NFL’s claim that it’s copyright is more powerful than states contract law.
“In its Sept. 9 opinion Facenda v. NFL Films, Inc., the appeals court granted the NFL a partial victory on the issue, reversing the lower court finding that there was a likelihood of confusion about whether Facenda was endorsing the game and leaving the question for jurors.”
The NFL said that they are ready to present the facts to a jury.
Facenda died in 1984 after working twenty years as the voice of NFL films.
According to firstamendmentcenter.org, the son of football announcer and “Voice of God” John Facenda will have the opportunity to bring his case in front of a jury.
Facenda’s voice was used in a show about a John Madden video game. The show was aired eight times. Facenda’s contract allows the NFL to use his voice except for commericial endorsments.
The 3rd U.S Circuit Court of Appeals said that his voice was used for what they considered a commercial based work. However, the NFL felt that his voice was used in an “artistic endeavor” which would be protected by the first amendment. The Court also did not agree with the NFL’s claim that it’s copyright is more powerful than states contract law.
“In its Sept. 9 opinion Facenda v. NFL Films, Inc., the appeals court granted the NFL a partial victory on the issue, reversing the lower court finding that there was a likelihood of confusion about whether Facenda was endorsing the game and leaving the question for jurors.”
The NFL said that they are ready to present the facts to a jury.
Facenda died in 1984 after working twenty years as the voice of NFL films.
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