In a somewhat tangential, but related topic, John Facenda Jr has sued the NFL, NFL Films Inc and NFL Properties LLC for using his father's voice without permission. John Facenda Sr earned the nickname, "Voice of God", for his narration of numerous highlight films for NFL Films. The NFL is allowed to use Facenda Sr's voice provided it does not endorse product, but it was allegedly used to promote the video game, Madden 2006. The NFL Network broadcast a show called "The Making of Madden 2006" and used Facenda's voice during a portion of it. Facenda Jr's lawyer alleges that the show was essentially a commercial for Madden 2006 and was used without permission. This is not the first Facenda Jr has filed suit with regards to his father; he previously settled a lawsuit with Campbell's Soup for using a sound-alike voice in their ads.

In all likliehood, the provision of that Facenda Sr's voice not be used in a promotional manner is partially to protect "the integrity of his father's voice" but also ensure Facenda Jr receives compensation if he agreed to license the use. If the NFL did use Facenda Sr's voice in a promotional manner without permission, they are making money off his voice without giving money to a copyright holder.

It is my opinion that "The Making of Madden 2006" was shown to promote the game and that the use of Facenda Sr's voice was used in a promotional manner without permission. I acknowledge that this infringement may be unintentional, but not unlike many unintentional, unknowing infringements that occur on a routine basis everyday. The NFL wants proper compensation from the consumers, while trying to further their monetary gain without giving contributors their proper compensation. If Facenda Jr refuses to license the voice even with compensation, the NFL would be upset; no different than how the Las Vegas establishments felt when denied the opportunity to pay a licensing fee for broadcasting the Super Bowl.

This article gives the NFL a chance to explain their actions against the Las Vegas casinos. League spokesman Brian McCarthy said, "What's happening is that these establishments are charging admission for something we provide for free. The viewers (at these events) are not captured in ratings. That, in turn, hurts our advertisers. Advertisers sustain the networks that pay the NFL its rights fees" McCarthy also added that the NFL evaluates the legalities of such parties based on the locale, size of the screens, and whether an admission fee was charged. The NFL  does not just target Las Vegas; they also sent cease and desist letters to venues in New England and North Carolina (areas whose teams were in the Super Bowl) and also Houston where the Super Bowl was played in 2004. As a result, several places made adjustments to comply with the NFL's request, while some were forced to completely cancel their parties. The Orleans and The Palms were among those that had to cancel, and sustained a financial loss as a result. The Palms were set to not only show the Super Bowl on a movie theatre screen, but they were also charging admission. The general manager, Jim Hughes said they will take quite a financial hit after refunding 1000 $40 admissions and paying for 120 50 inch plasma televisions.

The most interesting part of this article is where it says:

The NFL's complaints about the hotel-casinos' Super Bowl parties does not apply to their normal sports book operations, since companies that operate the books purchase special packages allowing them to air football games for the convenience of their customers.

In other words, the NFL does not have an issue with regular season games, just with the Super Bowl. The Super Bowl is unique because it is the only game on, it is a championship game featuring the NFL's two best teams, and it attracts a wide variety of fans; even some who do not even like football but like the new (and often comical) commercials. The NFL certainly seems to like having exemptions made when it is convenient for them, but then again, they do provide us with free entertainment for several months. Would it really be asking too much for society to give back just a little and abide by the NFL's wishes during the Super Bowl? If I felt confident that the NFL would not further push the envelope, I would say ok, but I am not that confident. Personally I think one of two things should happen: either the NFL should license these establishments for a price, or a method should be developed to count the number of people at Super Bowl parties. The latter seems no more complex that filling out a diary of a days worth of radio listening.