Video Games
The Book
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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Lohan Loses Yet Another Right of Publicity Claim
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...
Supreme Court Punts on O'Bannon v. NCAA
On Monday, the Supreme Court denied the petition for certiorari in...
Professors File Brief Supporting Review of O'Bannon and Fixing Right of Publicity Mess
Last week I filed an amicus brief co-authored by Eugene Volokh and signed on to by 28 Constitutional Law and Intellectual Property Law...
NCAA Petitions Supreme Court to Protect Uses of Athletes' Names & Likenesses
Last week, the NCAA filed a petition for certiorari with the Supreme Court in O'Bannon v. NCAA. The bulk of the petition seeks to overrule the Ninth...
Supreme Court Denies Review of Davis v. Electronic Arts
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...
Ninth Circuit Tosses Hurt Locker Case
Today the Ninth Circuit finally decided Sarver v. Chartier...
Sarver Tells Ninth Circuit – Hey, Don’t Forget About Me!
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...
Respondents File Brief in Supreme Court in Davis v. Electronic Arts
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...
First Amendment Protects Use of Videogamer’s Likeness in Cartoon Network Animated Series
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....
Constitutional Law and Intellectual Property Law Professors Call on Supreme Court to Review Davis
Professor Eugene Volokh (UCLA) and I filed a brief today in support of granting certiorari in Davis v. Electronic Arts...
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