In a case of first impression, a split panel of the U.S. Court of Appeals for the Third Circuit has restored a cause of action by a former college football player who says his likeness has been appropriated without his consent for use in a video game.
In so holding, the appeals court panel reversed a New Jersey federal district court that had dismissed the ex-player’s suit on grounds that video games are afforded First Amendment protections as expressive speech. The Third Circuit agreed that video games enjoy First Amendment protections, but said intellectual property rights could impose limits on those free speech rights.
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