Everyone is suing Activision for copying characters

[Kane99]

This may be old news for some, but it seems that Activision is being sued by a couple people for their likenesses being used in characters from Modern Warfare. A photographer is suing Activision for using her likeness for the character Mara, and it's pretty close, but I don't know if the woman has a case in regards to it, as they could have taken inspiration, but I don't think she has a claim to soldier woman. But who knows. 

Check that story out here - https://www.dbltap.com/posts/photographer-sues-activision-over-allegedly-copied-call-of-duty-character-01expyct3f7a

But, that's not all, as the pro wrestler Booker T is suing Activision for the same game, this time for the likeness of David ‘Prophet’ Wilkes who strikes a similar look to Booker T's gimmick of G.I. Bro from back in the 2000s. Anyway, it's very similar and it seems he has a case, as it's going to court. 

You can read about that news here - https://www.ringsidenews.com/2021/02/06/booker-ts-lawsuit-with-activision-over-call-of-duty-is-going-to-court/

Do you think either has a case? Will Activision be forced to pay up? 

[m76]

Sounds like a load of BS to me. A model portrays a soldier for a photographer then she is not allowed to dress up the same way for others? LOL. This is a weak case. So by the same standard if an actress does a photoshoot in a swimsuit then appears in a swimsuit in a movie then the photographer can sue the movie producers for stealing his character? This should be thrown out without wasting court time on it.

Edited February 8, 2021 by m76

[Reality vs Adventure]

I think Booker T has a case because he has copyright on GI Bro and was in comics. As a fan of GI Joe, I've never heard of that. Also, back in the day when the wrestler Robert Rudolph Remus also known as Sgt Slaughter had a GI Joe character in his name, Hasbro had all copyrights. You couldn't have any look alike anywhere as far as I know and he always had the same unique outfit. 

The model and gear for Mara does look similar, but if the photographer has no copyright to the military outfit, then no case. Even if he did have copyright, it will only win in court if the military outfit was exactly the same. The gear looks to be universal, not at all individualistic.  

Would be interesting to follow up on this. 

[The Blackangel]

4 hours ago, Reality vs Adventure said:

I think Booker T has a case because he has copyright on GI Bro and was in comics. As a fan of GI Joe, I've never heard of that. 

I haven’t followed wrestling in a while, but I remember the kind of piece of shit that Vince was and is, so wouldn’t he be the one with the copyright on GI Bro, and not Booker T? McMahon tries to copyright everything even remotely related to wrestling. He has been known to try to copyright wrestlers legal names, for fucks sake. So unless he is dead or things have changed drastically, I would think he would be the one holding the copyright.

[Reality vs Adventure]

1 hour ago, The Blackangel said:

I haven’t followed wrestling in a while, but I remember the kind of piece of shit that Vince was and is, so wouldn’t he be the one with the copyright on GI Bro, and not Booker T? McMahon tries to copyright everything even remotely related to wrestling. He has been known to try to copyright wrestlers legal names, for fucks sake. So unless he is dead or things have changed drastically, I would think he would be the one holding the copyright.

Yeah, that doesn't make sense to me either when I read it. Since when would the individual himself have the copyright? It would go to the publisher of the comic I would assume. I wonder if Booker T was still wrestling when he was in the comic. Cause Vince would have had those nuts in a jar or something. 

Sgt Slaughter chose to leave WWE when he did GI Joe cause Vince wouldn't let him do both. 

[Ayokex]

I don't think this is a good idea especially for the industry. This shouldn't have escalated to a to public uproar since their is a way to sort things our with organization.

[Donkiz]

They don't have any case, although the company might decide to settle them to avoid unnecessary distraction, but other normal circumstances this shouldn't be an issue, because even human being do resemble another, talk more of an online simulation. 

[Kane99]

On 2/8/2021 at 7:12 PM, The Blackangel said:

I haven’t followed wrestling in a while, but I remember the kind of piece of shit that Vince was and is, so wouldn’t he be the one with the copyright on GI Bro, and not Booker T? McMahon tries to copyright everything even remotely related to wrestling. He has been known to try to copyright wrestlers legal names, for fucks sake. So unless he is dead or things have changed drastically, I would think he would be the one holding the copyright.

The gimmick originated in WCW and I believe was owned by Booker T and not WCW. Vince wouldn't have any legal rights to it after buying WCW. I mean, he also still goes by Booker T, and he even has his own podcast with said name. Vince has tried to copyright names in the past, but it seems these days he only does that when they're the ones who come up with the names. That's why a lot of wrestlers who leave WWE, end up reverting back to their indie names. So people who already have a established name, should be fine as long as they don't sign their name over.

The thing is, it seems to be more in line with the G.I Bro comic, as the image in there is really similar. But, now that I remember, he never looked like that in WCW, just had the name of G.I. Bro and looked like this. 

But, if the comic book he made, is copyrighted by his hand or the comic publishers, he may have a case for how close it is. But I am starting to think it won't make a difference and the case is likely going to be dropped. 

Here's the comic: 

GI Bro on left, COD on right. 

[Reality vs Adventure]

I wouldn't doubt that Activision lawyers approved that it isn't copyright before making the character. And what if the lawyers were wrong? I don't think they should be practicing if they were. At least have the lawyers registered as fuck ups if that were the case. But why even stir the risk in the first place? It's not like Activision is super duper out of character ideas, are they? 

 

[Kane99]

2 hours ago, Reality vs Adventure said:

I wouldn't doubt that Activision lawyers approved that it isn't copyright before making the character. And what if the lawyers were wrong? I don't think they should be practicing if they were. At least have the lawyers registered as fuck ups if that were the case. But why even stir the risk in the first place? It's not like Activision is super duper out of character ideas, are they? 

 

Who knows. 

It could also be one of those cases where someone just happened to design a character that looked nearly identical to another. 

Now, if this comic book version of GI Bro is popular enough, and the character is copyrighted, then he might have a case. But I can see it being argued that anyone could come up with this look and style.

[Shagger]

2 minutes ago, Kane99 said:

Who knows. 

It could also be one of those cases where someone just happened to design a character that looked nearly identical to another. 

Now, if this comic book version of GI Bro is popular enough, and the character is copyrighted, then he might have a case. But I can see it being argued that anyone could come up with this look and style.

 

You have a point. GI Bro was meant to be something of a cliché. Put any muscular black man in a camo vest and it's going to resemble GI Bro.

[Kane99]

2 minutes ago, Shagger said:

 

You have a point. GI Bro was meant to be something of a cliché. Put any muscular black man in a camo vest and it's going to resemble GI Bro.

But, looking closer, they do look very similar. If I didn't know about this lawsuit and saw this character in game, I would honestly assume it was Booker T lol, especially being a fan of his. The face is very close to what he looks like too. 

Still though, I think it could be argued that it's not enough to claim copyright infringement. 

I saw a comment on twitter or facebook too, saying that the lady in the GI comic image reminds them of Black Widow from the Avengers movies, and I can see that a bit by her outfit. Wonder if Disney/Marvel could sue because of that. 😄 

[killamch89]

On 2/14/2021 at 6:48 PM, Kane99 said:

But, looking closer, they do look very similar. If I didn't know about this lawsuit and saw this character in game, I would honestly assume it was Booker T lol, especially being a fan of his. The face is very close to what he looks like too. 

Still though, I think it could be argued that it's not enough to claim copyright infringement. 

I saw a comment on twitter or facebook too, saying that the lady in the GI comic image reminds them of Black Widow from the Avengers movies, and I can see that a bit by her outfit. Wonder if Disney/Marvel could sue because of that. 😄 

I agree but some game characters are based on real-life inspirations. It's not like they had him in-game doing a Spinaroonie. I don't usually support Activision but this is kind of ridiculous.