AfterDawn: News

EA wins dismissal of lawsuit over American football player's image use

Judge sides with Electronics Arts in case over use of football player's image.

Former Rutgers University Quarterback Ryan Hart sued the giant video game publisher for the use of his image in its NCAA Football game without getting his permission first. EA argued that it had a constitutional right to free expression, and that the case should be dismissed.



U.S. District Judge Freda Wolfson in Trenton, New Jersey, agreed, citing the First Amendement to the United States Constitution that guarantees the right to free expression, saying it outweights Hart's right to control the use of his image.

Electronic Arts' lawyer, Elizabeth McNemara, said the company is pleased with the Judge's decision, adding it "validates Electronic Arts' rights to create and publish its expressive works."

Written by: James Delahunty @ 10 Sep 2011 3:19

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• 5 comments

• xaznboitx

  judge must been on crack too... so people can use other people's pictures without their permission?
  
  download free videos should be freedom as well then since this dude not getting paid for using his picture in the game box.

  10.9.2011 07:03 #1

• KillerBug

  So...If I make 50,000 copies of NCAA football 2012 *disk images*, and then print a custom label on each showing Freda Wolfson giving a goat oral pleasure, it would be fine because my right to free expression outweighs anyone's right to their own image and how it is used or if they get compensation?
  

  
  

  10.9.2011 07:49 #2

• ZippyDSM

  Originally posted by KillerBug: So...If I make 50,000 copies of NCAA football 2012 *disk images*, and then print a custom label on each showing Freda Wolfson giving a goat oral pleasure, it would be fine because my right to free expression outweighs anyone's right to their own image and how it is used or if they get compensation? Only if your a big corporation....
  

  Until lobbying is a hanging offense I choose anarchy!
  Ah modern gaming its like modern film only the watering down of fiction and characters is replaced with shallow and watered down mechanics, gimmicks and shiny-er "people".
  http://zippydsmlee.wordpress.com/

  10.9.2011 10:29 #3

• ruff4life

  Originally posted by KillerBug: So...If I make 50,000 copies of NCAA football 2012 *disk images*, and then print a custom label on each showing Freda Wolfson giving a goat oral pleasure, it would be fine because my right to free expression outweighs anyone's right to their own image and how it is used or if they get compensation? LOL!!!!!!!! That judge was in E.A.s Pocket. If anything he should have gotten at least what a model would make for a cover of a magazine.
  But on the other side Ryan can use this as an opp for getting into the pro's.

  10.9.2011 13:14 #4

• KSib

  Good luck back in the day trying to get Michael Jordan's image in a game. Remember player 23 as a generic silhouette, or even a lack thereof in some games? I don't know how this works.
  

  10.9.2011 16:04 #5