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Expert Analysis

Activision Ruling May Signal Shift In Transformative Use

Law360, New York (November 10, 2014, 6:04 PM EST) -- In recent years, federal and state courts have wrestled with how to assess right of publicity claims in the video game context — when a real person's likeness is used in a game without their consent, to what extent is the use creative expression that is protected by the First Amendment? Is the overall context and nature of the game of any relevance to the analysis?...

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