MEDIA WATCH: Noriega suing over image use
FORMER Panama dictator Manuel Noriega is currently occupying a jail cell in Renacer prison, apart from occasional forays to Santo Tomas Hospital. He has been there since his release from a French prison in 2011, where he served time for money laundering. He was transferred to France after 17 years in a U.S. prison. He still has to be tried for murders committed during his reign, but is once again making headlines around the world.
The following story appeared in The Guardian, Wednesday July 18:
Manuel Noriega, former military dictator of Panama, is suing games publisher Activision over its depiction of him in Call of Duty: Black Ops II.
Released in 2012, the military shoot-em-up takes place throughout 1980s Latin America and features scenes in which Noriega aids CIA operatives before betraying them. The 80-year-old former soldier and politician is claiming lost profits as well as damages for the depiction.
Documents obtained by Courthouse News reveal that the lawsuit, filed on Tuesday in Los Angeles, accuse Activision of “blatant misuse, unlawful exploitation and misappropriation for economic gain”. Noriega is currently in prison in Panama serving a 20-year sentence for crimes committed during his rule including the murder of political rival Hugo Spadafora.
The law suit continues:
In an effort to increase the popularity and revenue generated by Black Ops II, defendants used, without authorization or consent, the image and likeness of plaintiff in Black Ops II.
Defendants’ use of plaintiff’s image and likeness caused damage to plaintiff. Plaintiff was portrayed as an antagonist and portrayed as the culprit of numerous fictional heinous crimes, creating the false impression that defendants are authorized to use plaintiff’s image and likeness. This caused plaintiffs to receive profits they would not have otherwise received.
Activision is yet to comment on the suit, but this is not the first time it has been legally challenged in this way. In 2009, the company, one of the largest video game publishers in the world, was sued by pop group No Doubt, over the use of the band’s likeness in the music game Band Hero. That was settled out of court three years later. Elsewhere, the actor Lindsay Lohan has launched legal action against another publisher, Rockstar, claiming that the company used her likeness in the hit game Grand Theft Auto V.
Speaking to the BBC about the strength and veracity of Noriega’s lawsuit, the entertainment lawyer Jas Purewal, said “In the US, individuals have what’s called the right to publicity, which gives them control over how their person is depicted in commerce including video games.
“But Noriega isn’t a US citizen or even a resident. This means that his legal claim becomes questionable, because it’s unclear on what legal basis he can actually bring a case against Activision.”
The Call of Duty series has featured several other real-life military and political figures, including the former CIA director David Petraeus and former US president John F Kennedy.
