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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The Third Circuit Upholds First Amendment Defense in Video Game Case
In a nonprecedential opinion the Third Circuit held that the First Amendment insulates the makers of the video game Gears of...
Court Denies Class Certification in Atheletes' Suit Against Madden NFL Maker
Yesterday, the district court in Davis v. Electronic Arts confirmed its holding that there could not be class certification in the right of publicity case arising from the alleged use of NFL players' identities in the popular sports-themed video game series NFL Madden. The court...
Court Allows Players' Case Against Madden Video Game to Proceed
The summer did not end well for Electronic Arts (EA), as a district court rejected its summary judgment motion...
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...
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