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.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.