The Third Circuit Court of Appeals issued an opinion on May 21, 2013, finding that the use of the likeness of Ryan Hart, a former standout quarterback for Rutgers, in a video game about college football, violated Mr. Hart’s right of publicity. Hart v. Electronic Arts Inc., No. 11-3750, 2013 U.S. App. LEXIS 10171, at *3 (3d Cir. May 21, 2013). The ruling could significantly impair the ability of video game makers to continue to use “real people” in video games to enhance the realism of those games, particularly in the context of sports video games. For more information, click here.
Content for this post was provided by Jonathan Anastasia, an associate in Crowell & Moring’s Intellectual Property Group.