Gambling company uses celebrity images often
Arnold Schwarzenegger is suing a Nevada-based gambling company for $20 million for allegedly using his likeness without permission on one of its slot machines.
International Game Technology built a prototype slot machine called “The Terminator,” which it displayed once at a trade show almost two years ago. Schwarzenegger is suing the company in Santa Monica Superior Court to block the device from ever reaching casino floors.
The gambling device is modeled after the 1984 hit-movie of the same name that starred Schwarzenegger as an evil robot from the future sent back in time to assassinate a rebel leader before he’s born.
The slot machine pictured Schwarzenegger dressed in a black leather jacket wearing dark sunglasses atop a motorcycle. Ed Rogich, IGT’s marketing vice president, said his company secured the licensing rights to use the image from Canal+, which produced the original “Terminator” movie.
However, Schwarzenegger argues that the image is of himself — even if it is taken directly from the movie — and that it cannot be used without his permission.
He is suing Canal+ for violating its licensing agreement with his company — Santa Monica-based Oak Productions, Inc., — by not seeking permission to use his likeness. If Schwarzenegger is successful, Canal+ will have to pay a percentage of IGT’s $20 million in damages.
“Canal has the rights to ‘Terminator,’” said Rogich. “It really comes down to a contract dispute between those two parties.”
Rogich’s company failed to convince Santa Monica Superior Court Judge Terry Friedman earlier this month that the case should be moved to a Nevada Superior Court.
IGT’s California attorney, Ryan S. Hedges, said the company will continue to “actively defend itself against the lawsuit.”
“We feel we are not at fault in the matter,” Hedges said. “And I think its safe to say the company will continue to do everything in its power to protect itself from this.”
Neither Jill Eisenstadt, Schwarzenegger’s publicist, nor Canal+ attorneys returned calls and e-mail messages requesting comment on the lawsuit.
However, Schwarzenegger’s attorney Charles J. Harder wrote in the lawsuit’s brief that Schwarzenegger protects his image closely and hardly ever allows it to be used for commercial purposes.
In addition, Harder wrote that Schwarzenegger does not agree with the practice of gambling and does not want his image associated with a slot machine or any other gaming device.
“Those products that use Mr. Schwarzenegger’s likeness can be construed as an endorsement of them,” wrote Harder in his brief. “A (slot machine) is not something Mr. Schwarzenegger wishes to be connected with.”
“Those products that use Mr. Schwarzenegger’s likeness can be construed as an endorsement of them. A (slot machine) is not something Mr. Schwarzenegger wishes to be connected with.” — — CHARLES J. HARDER Arnold Schwarzenegger’s attorney
Schwarzenegger has been picked by President George W. Bush to lead the nation’s physical fitness campaign. Schwarzenegger is also an active campaigner for Republican candidates throughout the state and the country. Last year the California Republican party considered asking Schwarzenegger to run for the governor’s office.
IGT has produced dozens of slot machines modeled after popular television shows and movies — including “Austin Powers,” “The Pink Panther” and “The Creature from the Black Lagoon.” The company also has games modeled after celebrities such as Marilyn Monroe, Ingrid Bergman, Humphrey Bogart, Frank Sinatra, Elvis Presley, and Regis Philbin.
“In the early days they would say, ‘You can use the name and the logo and that’s it,’” Rogich said. “But now they give us almost every clip from the movie and say ‘OK, do what you want.’”
“So now because of the technology that’s available, we can incorporate a lot of video taken right from the movie into the game,” he said.
The deal with Canal+ was only for images and limited sound from the movie. No video was incorporated into the slot machine.
Originally published in the Santa Monica Daily Press print edition on June 14, 2002. Read the original PDF.