Should EA Sports have to pay for a player’s likeness?

Another player is suing Electronic Arts for using his retired likeness in the Madden video game franchise.

via the Orlando Sentinel:

Retired Tampa Bay Buccaneers running back Tony Davis isn’t a fan of the EA Sports Madden NFL video games.

A player on one of Madden’s historic teams looks just like he did when he played in 1979 — same height, weight, age and years of experience. The only difference is the game’s jersey number is 37 instead of 27, according to court records.

Earlier this month, Davis filed a federal lawsuit against Electronic Arts Inc., which develops the popular Madden games at its Tiburon Studios in Maitland. The video-game giant launched Madden 11 on Tuesday with a lot of celebrations, including a concert in New Orleans.

Davis claims EA, which has its main office in Redwood City, Calif., has made millions over the years by using avatars that look like him and 6,000 other retired players without their consent. He wants the court to declare the case a class-action suit and is seeking more than $5 million in damages.

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