FACENDA'S FAMILY SUES NFL FILMS

Submitted by Sylvie Lang

A U.S. Appeals Court has ruled that the estate of legendary football announcer John Facenda can sue NFL Films for the misuse of his father’s voice in a promotional video for an NFL video game. The Appeals Court unanimously held that the use of Facenda’s voice, known to football fans as the “Voice of God” violated Pennsylvania’s “right of publicity” laws. The Court rejected NFL Films’ argument that they were permitted to use Facenda’s voice because a release signed by Facenda provided them with a complete defense. Instead, they held that while the release permitted the use of the announcer’s voice in football videos, it did not extend to using Facenda’s voice for the endorsement of these videos. The NFL’s argument that the promotional video was an artistic expression and therefore protected by the First Amendment was also rejected by the Court who found that the video was clearly produced for commercial purposes.

Unless the NFL decides to appeal, the lawsuit will now go to trial.

Coverage at: Fanhouse.com