Court decides on football likeness rights issue in video games

Football season has officially kicked off—not just on the field, but also in the courtroom.

The 9th Circuit recently handed down two decisions on the same day concerning football video games and the players depicted in them. In both cases, former National Collegiate Athletic Association (NCAA) and National Football League (NFL) players sued Electronic Arts Inc. (EA), a video game maker, for using their likenesses without permission in its football-themed video games. And in both cases, EA argued that the First Amendment protected its right to use the players’ likenesses in its games because they are creative works.

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