Actually no, she can sue, but she probably wouldn't win.ObsidianJones said:As 'non-news' as this might be, Likenesses are a big deal in the Media [http://www.dmlp.org/legal-guide/using-name-or-likeness-another] aspect of things. Also, given Naughty Dog's comments that it's 'merely coincidence', they themselves are giving validity to Page's comments. Actually, by merely mentioning she's bothered by it and not doing anything else, she's being really cool. If you followed the link, you could see she could very well sue and get a pay day.
If you bluntly take her image and use it to sell a product, yes you can be sued. However, Ellie is a fictional character in a fictional universe, used to tell a story. In addition to that, her features have since been changed enough to where it wouldn't hold water in court. There's a reason why Family Guy still exists and it's not necessarily because Fox has good lawyers.The First Amendment and the laws of many states also protect your use of someone's name or likeness in creative works and other forms of entertainment. Included in this category are things like novels that include mention of real-life figures, historical fiction, movies based loosely on real-life events, "docudramas," works of art that incorporate an individual's photo or image, and acts of parody directed at an individual.
You're saying similarities and genuine likeness are the same thing. I'll agree that she looks a bit like EP, but nothing depicted by the character has anything to do with EP outside of some general physical similarities and (sort of) her name, both of which couldn't be claimed by Page as they're just that, similarities.lacktheknack said:"Less than no evidence"?
Such as, say, the girl having essentially the same name?
Or the fact that they suddenly adjusted Ellie's appearance right as Ellen Page signed up for Two Souls, "by coincidence"?
Or how about the fact that dozens of people, including me, totally thought it was Ellen Page and this was the game she was acting in?
Yeah, I can see why she's annoyed.
Sure her face is her meal ticket, and she's had more than enough compensation for it. Naughty Dog made a character that looks a bit like someone in the media, how extremely unlikely and improbable. As for your link, the hypothetical case would happen in California, where likeness rights are very defined and precise. Even if the case were heard, it doesn't take a genius to figure she wouldn't win.ObsidianJones said:Our face isn't our meal ticket.
Ellen Page's face is.
As 'non-news' as this might be, Likenesses are a big deal in the Media [http://www.dmlp.org/legal-guide/using-name-or-likeness-another] aspect of things. Also, given Naughty Dog's comments that it's 'merely coincidence', they themselves are giving validity to Page's comments. Actually, by merely mentioning she's bothered by it and not doing anything else, she's being really cool. If you followed the link, you could see she could very well sue and get a pay day.
OHMUHGAWD! THERE IS ONLY ONE ELLEN IN THE WORLD, AND THAT IS ELLEN PAGE! THIS ELLIE MUST BE HER, BECAUSE THE LAW OF QUANTUM ELLENMENT STATES THAT THERE CAN NOT EVER BE MORE THAN ONE!!! Wait, no, nobody at all ever thought this, not even you.lacktheknack said:"Less than no evidence"?Grape_Bullion said:Oh fuck off Ellen Page, go make more movies where you listen to Animal Collective and Of Montreal or something. It takes a certain kind of person to care about likeness issues, especially when there is less than no evidence supporting their claim.
Such as, say, the girl having essentially the same name?
Or the fact that they suddenly adjusted Ellie's appearance right as Ellen Page signed up for Two Souls, "by coincidence"?
Or how about the fact that dozens of people, including me, totally thought it was Ellen Page and this was the game she was acting in?
Yeah, I can see why she's annoyed.
Did I ever imply this? Ever?Bluestorm83 said:OHMUHGAWD! THERE IS ONLY ONE ELLEN IN THE WORLD, AND THAT IS ELLEN PAGE! THIS ELLIE MUST BE HER, BECAUSE THE LAW OF QUANTUM ELLENMENT STATES THAT THERE CAN NOT EVER BE MORE THAN ONE!!! Wait, no, nobody at all ever thought this, not even you.lacktheknack said:"Less than no evidence"?Grape_Bullion said:Oh fuck off Ellen Page, go make more movies where you listen to Animal Collective and Of Montreal or something. It takes a certain kind of person to care about likeness issues, especially when there is less than no evidence supporting their claim.
Such as, say, the girl having essentially the same name?
Or the fact that they suddenly adjusted Ellie's appearance right as Ellen Page signed up for Two Souls, "by coincidence"?
Or how about the fact that dozens of people, including me, totally thought it was Ellen Page and this was the game she was acting in?
Yeah, I can see why she's annoyed.
Also, you don't have a copyright on your own face. It's not something you made, just something that is you.
No shit. I was watching an episode of Law & Order: Criminal Intent yesterday and I swear I saw Ellen Page on it. Turns out thanks to IMDB it wasn't her, so..Avaholic03 said:I think the real problem here is that Ellen Page looks too much like "generic teenage girl", which is part of what got her cast in Juno to begin with. Can't help that sometimes other "generic teenage girl" video game models will look similar.