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Hart v. Electronic Arts, Inc. | 717 F.3d 141 (3d Cir. 2013)
Hart versus Electronic Arts is one of several lawsuits brought by college football players against a successful manufacturer of football video games.
Electronic Arts produced an interactive video game series called NCAA Football. Users could customize their own college football teams made up of digital avatars of real players, based on the players' own stats. Users could change avatars’ appearances, but some details such as home state, team, and class year remained unchanged.
One of these avatars represented Ryan Hart, a quarterback for Rutgers University. As a college athlete, Hart was required to follow the NCAA’s amateurism rules that prohibited him from accepting payment for any use of his name or image in advertising. He consequently refrained from pursuing commercial opportunities that might’ve been available to a well known athlete.
Hart sued Electronic Arts alleging that it had violated his right of publicity by using his likeness in the game. Electronic Arts argued that the game was a work of expressive speech protected by the First Amendment. The district court ruled that the game was entitled to protection under the First Amendment and ruled in favor of Electronic Arts. Hart appealed to the Third Circuit.
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