EA's Use Of QB's Image Not Free Speech, 3rd Circ. Hears

Law360, Philadelphia (September 19, 2012, 5:23 PM EDT) -- An attorney representing a former Rutgers University quarterback in a putative class action against Electronic Arts Inc. told the Third Circuit on Wednesday that the unauthorized use of the player's likeness in a video game was not protected under the First Amendment and violated publicity rights.

Asking the Third Circuit during oral arguments to overturn a lower court’s ruling tossing out former Rutgers quarterback Ryan Hart’s case against EA, attorney Michael Rubin said the use of Hart’s likeness in the video game was done purely for...
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