Controversy over the use of Manchester Cathedral in Resistance: Fall of Man

File:Resistancechurch.jpg

Screenshot of Manchester Church as seen in Resistance: Fall of Man.

The 2006 first person shooter PlayStation 3 video game Resistance: Fall of Man developed by Insomniac Games and published by Sony Computer Entertainment featured combat scenes that took place within a virtual representation of Manchester Cathedral in England. The use of the images of the cathedral caused controversy with the leaders of the Church of England, claiming its depiction to be "desecration" as well as copyright infringement, leading to several legal threats against Sony. While the copyright concerns were found to be without merit, Sony offered a formal apology to the Church of England and leaders of the cathedral in July 2007.

Background

Resistance: Fall of Man is a video game set in an alternate history where an alien species has taken over most of Europe and Asia, and, in the 1950s, is spreading across England. The game features recreations of English landmarks throughout the game, including at one point a fire fight between the player protagonist and the alien species around the exterior and inside Manchester Cathedral.

Church leaders accused Sony of the "virtual desecration" of Manchester Cathedral, referring to one scene which depicts a shoot-out in which dozens of Leapers, the enemies in the game, are killed during a bloody gun battle inside the cathedral. Officials described the use of the building as "sick" and sacrilegious and stated Sony did not ask for permission to use the cathedral. They demanded an apology from Sony and the withdrawal of the game from shops, otherwise legal action will be considered.

The cathedral's spokesman, David Marshall, told reporters that the cathedral had received many supportive e-mails for its stance and that they intended to make several demands of Sony. These included an apology and a substantial donation, complete withdrawal of the game or modifying the segment featuring the interior of the cathedral, and financial support of Manchester groups trying to reduce gun crime in the city.

Cathedral officials also described the use of guns in a city which has a gun crime problem as irresponsible. The Bishop of Manchester, the Rt Rev Nigel McCulloch, stated "It is well known that Manchester has a gun crime problem. For a global manufacturer to re-create one of our great Cathedrals with photo-realistic quality and then encourage people to have gun battles in the building is beyond belief and highly irresponsible. We know the reality of gun crime and the devastating effects it can have on the lives – it is not a trivial matter".

Insomniac, the game's developer, declined to comment, referring all inquires to Sony Computer Entertainment Europe. Sony issued a statement saying

"Sony Computer Entertainment Europe is aware of the concerns expressed by the Bishop of Manchester and the cathedral authorities... and we naturally take the concerns very seriously. Resistance: Fall of Man is a fantasy science fiction game and is not based on reality. We believe we have sought and received all permissions necessary for the creation of the game."

Sony also stated that it would be contacting the Cathedral on Monday, 11 June 2007 "to understand their concerns in more detail". David Wilson, a Sony spokesman, told The Times "It is game-created footage, it is not video or photography. It is entertainment, like Doctor Who or any other science fiction. It is not based on reality at all. Throughout the whole process we have sought permission where necessary."

Church demands

The church officials made two demands — that the game be withdrawn from sale, and that Sony apologise unreservedly. They also requested a "substantial donation".

At a meeting with church and cathedral officials, held on 11 June 2007, reporters noted that three people had been shot within the city in the 72 hours prior. The attendees produced a letter by "The Very Rev Rogers Govender, on behalf of the Dean and Canons of Manchester Cathedral, to the entertainment giant Sony". It stated that "We are currently seeking the advice of our lawyers in this matter and reserve our legal position in relation to the same". It demanded a "substantial donation" for the cathedral's work with youth in "resisting the culture of gun crime and other forms of violence in our society". It demanded "the immediate withdrawal of the game" and "furthermore, that Sony do not re-issue it without modifying the section of the game to remove the cathedral interior". Govender described the use of images of the cathedral as "virtual desecration". The letter stressed that they were in consultation with their lawyers and urged Sony to contact them so there can be a "mutually satisfactory conclusion to this matter". Govender told reporters that the church officials had only been told of the content on Friday 8 June 2007 and after watching footage of game play posted on YouTube said they were "dismayed beyond belief ... We are shocked to see a place of worship, prayer, learning and heritage being presented to the youth of today as a location where guns can be fired. Every year we invite hundreds of teenagers to come and see the cathedral so that they might appreciate an alternative to the violence that they experience in their daily lives. It is a shame to have a game like this undermining such important work".

Sony's official response

Nanako Kato, a spokesperson from Sony Computer Entertainment, addressed the matter from Tokyo. She pointed out that "Historical buildings are often used in entertainment…[such as] iconic movie scenes involving Godzilla and the Tokyo Tower and King Kong in Manhattan.” She acknowledged the church in the game “holds a resemblance in some parts to Manchester Cathedral. The point was to depict a backdrop of an old church, not to illustrate a specific church. …Sony understands the Church of England was offended especially because of its efforts to reduce the serious problem of gun violence in Manchester". She did not answer on whether Sony would donate money to the Cathedral's anti-gun program as the Church has demanded. At the time, the over 2 million copies of the game had been sold.

Legal question at issue

The controversy raises questions about the range copyright law can extend to, as one video game review site stated "While the cathedral authorities do indeed have a right to allow or ban photography within the cathedral grounds – it is uncertain whether an inaccurately re-imagined, virtual version of the cathedral can fall within any copyright laws". The site spoke to two lawyers who deal with intellectual property on the matter. Paul Stevens of the Olswang law firm said "The fact that images appear in another medium does not change the potential for copyright infringement to have taken place". Seb Belcher of Harbottle & Lewis stated that "A lot will hinge on how the images were produced and whether there was a requirement in property law to seek church permission."

Alex Chapman of Campbell Hooper solicitors, stated "The Church will have an uphill battle in a legal claim against Sony, and indeed it is likely that there is no basis for a claim." He cited a provision in the UK's 1988 Copyright Designs and Patents act that "explicitly states that it is not copyright infringement to represent certain artistic works that are on public display". This includes sculptures and buildings which are "permanently situated in a public place or in premises open to the public". Chapman also pointed out that in the UK copyright expires 70 years after the person who created the work dies. He went on to say "What all this means is that public buildings are generally fair game for inclusion in videogames, films et cetera, and it is something that their owners just have to accept. What isn't fair game, however, is if the building is presented in a way that could be said to be defamatory in relation to those associated with it and this might be what the Church is more concerned about. Also if the representation of the building could be argued to have become so closely associated with a business that its representation amounts to a false endorsement of Sony or its products, or it is registered as a trademark, there may be issues. In each case however my impression is that the Church will have some difficulty in pursuing Sony. There is no law against insensitivity and as with many matters of this kind, it is the public reaction that might be more damaging than the legal one." An unofficial review, by lawyers at Freeth Cartwright, of the rights that Sony might have infringed concluded that the Church of England did not have a case on either copyright or passing off grounds.

British Prime Minister questioned

Tony Lloyd, the Member of Parliament for Manchester Central, addressed Prime Minister Tony Blair during the Prime Minister's Questions, saying "When large organisations like Sony find their copyright has been breached, they’re very quick to use the law. Would the Prime Minister agree with me then that when Sony used images of Manchester Cathedral as part a game which extols gun violence, this was not only in bad taste but also very, very insulting to not simply the Church of England, but people across the land who think it’s inappropriate that big corporations behave in this way?"

Blair answered,

I agree with my honourable friend. I think it’s important that any of the companies engaged in promoting these types of goods have some sense of responsibility and also some sensitivity to the feelings of others. I think this is an immensely difficult area, the relationship between what happens with these games and its impact on young people. I’ve no doubt this debate will go on for a significant period of time, but I do agree. I think it is important that people understand there is a wider social responsibility as well as an interior responsibility for profits.

Sony apology

On 15 June 2007, Sony issued a statement saying:

We do not accept that there is any connection between contemporary issues of 21st century Manchester and a work of science fiction in which a fictitious 1950s Britain is under attack by aliens. It is not our intention to cause offense by using a representation of Manchester Cathedral in chapter eight of the work. If we have done so we sincerely apologise.

The Dean of the Manchester Cathedral, the Reverend Rogers Govender, said in a statement: "We acknowledge the admission by Sony that the building in the game is Manchester Cathedral. We thank Sony for the apology they have made. However, we do not move from the position that we are against violence and especially the gun violence seen in this portrayal of the Cathedral". On 6 July 2007, Sony issued an unreserved apology to Manchester Cathedral by publishing it in the Manchester Evening News, although they refused to make a donation.

Effects on sales and reception

A blog that tracks video games purchases announced that Resistance: Fall of Man sales have actually gone up since the recent controversy: "Resistance is now the best-selling PS3-only game and has climbed back into the top-forty all-format charts, presumably on the back of the publicity generated by its controversial use of a digital replica of Manchester Cathedral as one of its levels".

Resistance was selected as a finalist along with six other games for the 2007 BAFTA British Academy Video Game Award, which bases the nominations on sales and public reception. The Dean of Manchester Cathedral, the Very Rev. Rogers Govender, criticised the selection, stating that "Bafta should not be seen condoning such behaviour unless they are saying it is acceptable for producers to walk into historic buildings and film interiors – ignoring contracts, rights and liability.", asking for either BAFTA or Sony to withdraw the game from the award.