Athlete’s Right of Publicity Outweighs First Amendment Protections for EA Video Game, Court Holds
Hart v. Electronic Arts, Inc.
By Samantha Rothberg – Edited by Alex Shank
The Third Circuit reversed the U.S. District Court for the District of New Jersey’s grant of summary judgment to Electronic Arts (“EA”) in a right of publicity action, on the grounds that EA’s appropriation of Ryan Hart’s likeness in a video game was protected by the First Amendment. The case was remanded to the district court for further proceedings consistent with the Third Circuit’s adoption of the “transformative use” test.