When Rights Of Publicity Trump 1st Amendment

Law360, New York (May 22, 2013, 1:06 PM EDT) -- In a recent 62 page decision by the Third Circuit obviously intended to give guidance in an unclear area of the law, the rights of publicity of a college athlete in a video game trumped the First Amendment arguments of the video game manufacturer: Ryan Hart v. Electronic Arts Inc., No. 11-3570 (Third Circuit, May 21, 2013).

The college athlete, Ryan Hart, a star quarterback for Rutgers from 2002 to 2005, is attempting to represent a class of athletes like him, the video game manufacturer is Electronic Arts (EA), and the game is "NCAA Football," which has been produced for a...

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