The video game industry is not off the hook just yet. Former Rutgers football player, Ryan Hart, just got the go ahead from the Third Circuit Court of Appeals to continue his Electronic Arts lawsuit. Hart had sued EA for misappropriation of his likeness in their NCAA Football video games depicting a college football player similar to him when he played.
This case is about all balancing rights; a celebrity's rights of publicity and the video game company's rights of expression. The Third Circuit reversed the district court decision holding EA's college football video games were entitled to First Amendment freedom of speech protection.