3rd Circ. Solidifies Free Speech Test In EA Likeness Case

Law360, New York (May 21, 2013, 8:17 PM EDT) -- The Third Circuit ruled Tuesday that the First Amendment does not shield video game publisher Electronic Arts Inc. from a former quarterback's right of publicity suit, adding to a growing consensus that the use of a person's likeness is protected speech only if it is transformed into an original expression.

The court reversed a ruling granting summary judgment to EA and held that because the game features a computerized version of former Rutgers player Ryan Hart playing the game he was known for, his publicity rights...
To view the full article, register now.