A&E, NYT Push 3rd Circ. For Rehearing Of EA Likeness Case

Law360, Philadelphia (June 12, 2013, 5:48 PM EDT) -- A group of media companies Tuesday threw their support behind Electronic Arts Inc.’s bid for an en banc rehearing of a Third Circuit decision that the use of a former quarterback’s likeness could only be considered protected speech if it was transformed into an original expression.

Companies including the New York Times Co. and A&E Television Networks LLC said in an amicus brief that the so-called transformative use test — which holds that a product containing a celebrity’s likeness is shielded from right of publicity claims...
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