NCAA case -- the right of publicity in video games

Third Circuit Reverses Summary Judgment In Favor of Video Game Maker In Important Right of Publicity Case | Jackson Walker - JDSupra: "In NCAA Football, the player avatars are virtually identical to their real-life athlete counterparts, down to their physical appearance, jersey number, home town, unique playing style, even their wrist bands, visors and gloves. EA obtains no licenses from and pays no royalties to the ex- and current college players, citing the First Amendment's protection of creative expression. The players counter that inclusion of their life-like avatars adds the realism that makes EA's games so popular, and constitutes commercial exploitation of their identities without their consent...." (read more at link above)

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