Civil Litigation,
Intellectual Property
May 28, 2013
New video game case may signal dangerous trend in the law
A few days ago, the 3rd U.S. Circuit Court of Appeals published an important opinion that provides new guidance on how real people can be depicted in video games.
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."
A few days ago, the 3rd U.S. Circuit Court of Appeals published an important opinion in a case called Hart v. Electronic Arts, 11-3750 (3rd Cir., filed Oct. 7, 2011). The case provides new guidance on how real people can be depicted in video games. But the case also represents a dangerously subtle evolution in right of publicity law. In a 2-to-1 decision, a 3-judge panel ruled that various NCAA Football games, made by Electronic Arts, did not "sufficiently transform" the identity ...
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