Video Games

The actor Lindsay Lohan continued her losing streak with another right of publicity lawsuit being tossed out. Last week the New York Court of Appeals in...

This morning the Supreme Court denied certiorari in Davis v. Electronic Arts, Inc.  This case from the Ninth Circuit rejected a First Amendment defense to right of publicity claims when the videogame Madden NFL...

In a letter filed this week in the Ninth Circuit, Sarver’s attorney reminds the Ninth Circuit that this case, which was argued on May 9, 2013, still has not been decided by the Court of Appeals. Sarver v. The Hurt Locker, LLC, involves a right of publicity claim (among other claims) for...

Michael Davis and the other retired football players who sued Electronic Arts for the use of their identities in Madden NFL filed their opposition brief today in the Supreme Court. They argue against granting certiorari in the case. The Ninth Circuit previously held that the alleged use of the...

Billy Mitchell, a well-known videogame player with world records for classic arcade games like Donkey Kong and Pac-Man, sued Cartoon Network for allegedly using his likeness for a character in The Regular Show. The animated comedy series follows two animals, a blue jay and a raccoon....

Professor Eugene Volokh (UCLA) and I filed a brief today in support of granting certiorari in Davis v. Electronic Arts...

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The Book

Privacy Reimagined For A Public World

THE RIGHT OF PUBLICITY: Privacy Reimagined for a Public World

This book from Harvard University Press by Professor Jennifer Rothman traces the history and development of the right of publicity and its current collision course with individual liberty, free speech and copyright law.

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