The imprisoned Panamanian dictator, Manuel Noriega, is suing Activision for his depiction in the game Call of Duty: Black Ops II. Noriega claims that the game used his name and likeness without his permission, and he believes that his portrayal in the game led to higher sales for the game. So basically, Noriega thinks he is Lindsay Lohan, who recently sued Rockstar Games and claimed a character in the game was specifically based off of her persona, without her permission. Noriega’s lawsuit is just as ridiculous, and even more frivolous, than Lohan’s lawsuit, if not more.
Noriega is a historical figure. Copyright law does not protect the use of historical and cultural figures in media. Thankfully, former New York mayor Rudy Giuliani has taken up the case and has accurately explained why the lawsuit is ridiculous. In addition, the letter of the law allowing the use of cultural and historical figures, freedom of speech protects the use of real-life figures under “transformative use.” Giuliani explained: “Noriega is shown in entirely fictional circumstances. He has a very small role, less than six minutes, and he is performing things that he never did. At one point he leads a Panamanian army to find a drug dealer named [Raul] Menendez–that never happened.”
Giuliani is right on here. All of the sequences involving Noriega in the game are completely fictional sequences involving fictional characters, specifically Menendez. Also, if Noriega is successful in his lawsuit, i historical figures, politicians and dictators could never again be depicted in a video game. Take Assassin’s Creed Unity. The game features numerous real-life figures from history in completely fictional roles. If Call of Duty is illegally using Manuel Noriega, than the Assassin’s Creed games should never again be allowed to use historical figures. United States President Barack Obama would have to censor the episode of Doctor Who where Obama appears. In the episode, Obama holds a press conference to announce a plan to end a worldwide recession. Instead, the Doctor’s lifelong archenemy, The Master, turns almost all the humans of Earth into clones of The Master, including President Obama. President Obama and the US would have to demand that the BBC censor the episode in the US.
Not to mention, Noriega was tried and convicted of drug trafficking and other various crimes. In other words, his claims of an inaccurate portrayal of the games may fall on deaf ears of whatever court takes up Noriega’s case. Giuliani’s taking this case is an interesting move and a publicity stunt; but he presents sound arguments about the frivolity and ridiculousness of Noriega’s lawsuit. Hopefully, the case will be promptly dismissed.
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