Video Game Reviews 4 You

Posted September 9, 2011 by Ben Strauss

EA has successfully argued that First Amendment speech outweighs privacy concerns for use of sports figures within video games.  The case was originally brought up from Rutgers University quarterback Ryan Hart, who believed his likeness was not being used with his consent.

While EA did not use the player’s name in the game, Hart believed that the ‘virtual QB’ for Rutgers was eerily similar in appearance and stature.  Hart also alleged that the use of his attributes, number and appearance were too similar to be ignored.

U.S. District Judge Freda Wolfson disagreed, however, stating that First Amendment rights outweighed the right to privacy of NCAA players such as Hart.  Wolfson had previously dropped a similar complaint by Hart back in 2010. 

EA lawyer Elizabeth McNamara commented on the ruling, saying that this “validates Electronic Arts’ rights to create and publish its expressive works.”

Other cases remain active; Arizona State quarterback Sam Keller and former Cleveland Browns player Jim Brown are in legal battles with EA, saying their likenesses were improperly used.  

[Thanks Reuters]

Ben Strauss is a student at Xavier University studying Marketing and Philosophy. He has been an active gamer since he got his hands on a Nintendo, and looks to help further gaming as a legitimate creative and entertainment development entity.

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