NFL, Facenda Argues “Voice of God” Use in Madden ‘06

Facenda’s Son Suing Football over Madden Film

If you’re part of the older crowd who grew up in Philadelphia, you know who John Facenda is. If you’re younger, as I am, you know who John Facenda is through your parents and grandparents. And if you’re not from Philadelphia, you still know who John Facenda is–the powerful voice behind many old NFL films.

Indeed, Mr. Facenda is the voice of New Jersey based NFL Films, and some of those films have made onto various incarnations of EA’s Madden NFL franchise. That’s where Mr. Facenda’s sole son, John Facenda Jr., has an issue.

He has taken the NFL to court over the use of his father’s voice in a 22 minute program that promoted Madden ‘06. It now appears likely, according to the Philadelphia Daily News, that the case will head to trial.

At issue is a 1984 contract the late Facenda signed, which barred the use of his voice for product endorsements. A lower court ruled the case could proceed to trial, and a three judge circuit panel may allow the same.

The NFL has argued that, because NFL Films owns the rights to the recordings, federal copyright law trumps state contract law.

The program in question aired on NFL Network; it was called The Making of Madden 2006. Its airing was, according to the attorney for Mr. Facenda Jr., intentionally meant to coincide with the launch of EA’s product. However, EA has not been named as a defendant in the lawsuit.