Videogame Battle: 1st Amendment Vs. Right Of Publicity

Law360, New York (March 22, 2012, 1:16 PM EDT) -- As a general rule, the name, image or likeness of a living person — not necessarily just a celebrity — cannot be used for commercial purpose without his/her written consent. Some jurisdictions have extended the coverage to provide additional protection to such elements as signature, voice, mannerisms or even expressions. Unauthorized use of an individual's name, likeness or image may violate his/her right of publicity, which is currently recognized by statute, common law, or a combination of both in 31 states.[1]

However, as each state's law...
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