Voice of God 3, NFL 0
Posted on September 10th, 2008 – 11:00 AMBy Michael Rand
John Facenda, whose voice would make you run through a brick wall just to fetch him a glass of soothing water (or something stronger), has struck a major victory against NFL Films (or at least his estate has). Fasolamatt passes along this news from Law.com, and we defer any more legal ramblings to resident RandBall law-talkin’ expert Rocket. From Law.com:
The estate of legendary sports announcer John Facenda has scored another major victory in its court battle with NFL Films that centers on whether Facenda’s distinctive voice — known in football circles as the “Voice of God” — was improperly used in a promotional film for a John Madden video game.
In its 60-page opinion in Facenda v. NFL Films Inc., a unanimous three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled Tuesday that NFL Films violated Pennsylvania’s “right of publicity” statute.
Now the only issue left to be decided on that claim is how much Facenda’s estate should be awarded in damages.
The panel rejected NFL Films’ argument that the “standard release” contract Facenda signed was a “complete defense,” noting that while the release gave the NFL the right to use Facenda’s voice in future film projects, it also explicitly prohibited any use that would “constitute an endorsement” of any product.
“Facenda consented to participation in films documenting NFL games, not an advertisement for a football video game,” 3rd Circuit Judge Thomas L. Ambro wrote in an opinion joined by Judges Michael A. Chagares and Robert E. Cowen.
Facenda, according to Wiki, did NOT ever say “frozen tundra of Lambeau Field.” That was something Berman made up. Seriously. But Facenda did say this:
The Autumn wind is a pirate
Blustering in from sea
With a rollicking song he sweeps along
Swaggering boisterously.
His face is weatherbeaten
He wears a hooded sash
With a silver hat about his head
And a bristling black mustache
He growls as he storms the country
A villain big and bold
And the trees all shake and quiver and quake
As he robs them of their gold.
The Autumn wind is a RAIDER
Pillaging just for fun
He’ll knock you ’round and upside down
And laugh when he’s conquered and won.
Makes you want to punch someone just because it’s Wednesday, doesn’t it?
For a little noontime fun, why don’t you come up with some phrases you would like to hear in Facenda’s voice. For us?
“The Vikings went into the fourth quarter of Super Bowl XLIII needing to produce a miracle. Instead, they would produce two.”
35 Responses to "Voice of God 3, NFL 0"
“But the referee flagged Pearson for his push, leading to a Viking victory.”
“They did not know it at the time, but that was the last pass Travaris Jackson would throw in the Purple and Gold”
“In the end it’s girls 2, Cup 1.”
If we’re going to give Packers fans [redacted] for spelling Favre/Farve wrong on a sign at a game can’t we give Dave MN [redacted] for going with the Tarvaris/Travaris?
Although I guess you could argue that Tarvaris isn’t quite the “legend” old #4 is at this point.
Boom goes the dynamite
+1 to jama for the 2 Girls, 1 Cup reference. Gross, true, but comedy gold.
“The hastily planned Canadian military exercise took no lives. Instead it left Lambeau Field in rubble, shorn Al Harris’ dreadlocks, and sterilized a generation of Packer fans.”
“He drops back, it’s a run, no it’s a pass, fires it into the end zone…. TOUCHDOWN! Incomplete pass.”
/Ditka’s play-by-play
“Informer, you no say daddy me snow me Ill go blame,
A licky boom boom down.
Detective mon said daddy me snow me stab someone down the lane,
A licky boom boom down.”
“The fans of this team and fans of all Viking teams before this one that have never have won the Big One must surely have watched angry and jealous those teams in this division which have”…..
If we’re going to give Packers fans [redacted] for spelling Favre/Farve wrong on a sign at a game can’t we give Dave MN [redacted] for going with the Tarvaris/Travaris?
Yes. You could. Would I care? Probably not. If I didn’t know how to spell Adam Weber’s name, I’d be a bit more ashamed of myself.
“Informer, you no say daddy me snow me Ill go blame,
A licky boom boom down.
Detective mon said daddy me snow me stab someone down the lane,
A licky boom boom down.”
Ah, the Jamaican side of Toronto. I miss it so.
In case it wasn’t obvious, jama wins the thread.
I would be more upset if some Pres. candidate spelled “Bob” wrong, or said someone could put lipstick on him…
Informer - 39th on VH1’s top 50 Most Awesomely Bad Songs.
Informer - 39th on VH1’s top 50 Most Awesomely Bad Songs
VH-1 had a completely arbitrary list show? How did I not know about this? I hope obscure comedians and the guy who played Leo on Charmed provided commentary as the clips rolled!
That guy was just on an episode of “The Closer”, and my wife says “hey, that’s Leo!”. I have no plans on getting a divorce, but if we do, I plan on using my wife’s love of “Charmed” as an arguement against joint custody.
Yeah I’d make her take the kids too!
“The Vikings went into the fourth quarter of Super Bowl XLIII needing to produce a miracle. Instead, well they sucked the bag. Like a licky, boom. boom, as usual..”
Charmed? Those characters have names? The only time I ever see that show is in the morning at the gym, but I can’t hear it. But I can see it, so based on that I guess it is a good show. Except for the scenes that don’t contain Alyssa Milano. or the other 2 girls. (no cup joke here.)
All I want to hear is Mr. Facenda reciting the poetry of Ogden Nash or Shel Silverstein. Give it the proper gravitas.
“Madieu Williams jump over Randy Moss to intercept Dante Culpepper in the endzone; perfectly set-up Adrian Peterson’s 80 yard, game winning touchdown run was clearly the highlight of Super Bowl XLIII.”
newbie, put the pipe down
I know he broadcast football, but how about something like, “And the Twins hang on to win the game 3-2, they wrap up their ten game road trip with a 7 and 3 mark and hold on to their slim lead in the Central. They now head home to face the White Sox, if the Twins can take 2 of 3 they will clinch the division.”
Yeah I’d make her take the kids too!
I second Stu’s opinion. Jama wins.
I swear I closed that tag.
Merx, good one. Home run !!!
I have a good talker of the day. Who would you rather have as a starting QB this year, Tarvaris Jackson or Kyle (Neckbeard) Orton?
jama: I’d rather direct snap to Adrian Peterson and take my chances.
Jama: Would it be possible to just not have a QB? And instead call direct snaps to Peterson and Taylor the entire game.
I’m too slow.
The Raiders did that with McFadden on Monday night and look how well that worked out.
don’t go there jama
I will never forget Facenda’s narration of Super Bowl XV, where the Eagles lost to the Raiders. The Eagles had a TD pass to Rodney parker called back because of an illegal motion penalty. Facenda said:
“And the Eagles never recovered.”
