Civil Litigation,
Intellectual Property,
Entertainment & Sports
Aug. 7, 2013
EA flagged for roughing college athletes' rights of publicity
This and other recent cases seem to be singing the same tune: It's not transformative to depict celebrities in a video game doing exactly what they normally do for a living, especially if it is in the exact same setting.
Dan D. Nabel
Principal Counsel
Riot Games
Dan also teaches Video Game Law at USC Gould. His new book, "Video Game Law in a Nutshell," will be available in July 2018 from West Academic."
Our society uniformly prohibits only one group of celebrities from commercially exploiting their own celebrity status: college athletes. Under NCAA bylaw 12.5.2, student-athletes are prohibited from commercial licensing of their names or pictures. In fact, if the student-athlete's name or picture is used without the student-athlete's permission, he or she has an affirmative obligation "to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate at...
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