Hart v. Electronic Arts, Inc.
United States Court of Appeals for the Third Circuit
717 F.3d 141 (2013)
Relevant factsFree
Hart (plaintiff) was a star Rutgers quarterback whose likeness, statistics, and biographical details Electronic Arts (defendant) closely replicated as a default avatar in its NCAA Football video game, though players could alter some characteristics manually. Hart sued EA for violating his right of publicity, and the district court granted EA summary judgment on First Amendment grounds.
IssueFree
Whether the transformative-use test — asking whether a celebrity's likeness has been sufficiently transformed to constitute protected expressive speech — is the correct approach for balancing free-speech rights against the right of publicity.