Call of Duty: Modern Warfare, like the rest of Activision's annual shoot-a-thon series, sold through the roof. But where there are sales there is money, and where is money, there are often lawsuits.
Now, writer/photographer/dreamer Clayton Haugen has sued Activision for "stealing" his character "Cade Janus" for the game. But while many such claims are easy to dismiss, he certainly does allege some very interesting things against the global video game giant.
Let's dive in.
This may sound two-faced, but Sean Bean is the only Janus we recognize...in Virtual Legality.
#Activision #ModernWarfare #Lawsuit
Discussed in this episode:
"Activision sued over female Call of Duty character"
Polygon - February 3, 2021
Haugen v Activision (group)
Filed February 2, 2021
"Infringement of copyright"
17 USC 501
"Exclusive rights in copyrighted works"
17 USC 106
"Subject matter of copyright: In general"
17 USC 102
"Copyright in General"
US Copyright Office Webpage
"Remedies for infringement: Damages and profits"
17 USC 504
"Copyright protection for fictional characters"
Klinger v Conan Doyle Estate
June 16, 2014 (7th Cir.)
CA Publicity/Likeness Law
California Code, Civil Code - CIV 3344
"Recreation of news photo not substantially similar to original's expression"
Rebecca Tushnet Blog - January 11, 2013
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.
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