Friday, August 02, 2013

EA Can Now Be Sued For Image Likeness

Remember that case I blogged about just under 2 years ago, and brought it back up again 2 weeks back? The college athlete wanting to sue EA Games for use of his image without his consent, and EA claimed they were protected by the First Amendment to do so? Well EA lost the appeals battle and the individual can now file a right-to-publicity lawsuit without worry of it being dismissed.

"Electronic Arts isn’t entitled to First Amendment protection unless it transforms the avatars into something more than a "mere celebrity likeness or imitation."

Which is the opposite of what EA did. They created avatars that looked like their counterparts and wore the same jersey numbers. Because it is a literal creation of the person, EA was not going to be protected by freedom of speech or expression.

I felt from the beginning that this was a stupid lawsuit EA was never going to win. So I'm glad that I was proven right.

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