A video game company and former college athletes settled a lawsuit over the use of the athletes’ images and likenesses in video games. Electronic Arts had claimed unsuccessfully that the use of the images was protected under the First Amendment. (Courthouse News Service, August 19, 2015, by Maria Dinzeo)
The lawsuit pitted the right of publicity against the First Amendment. Electronic Arts argued that its use of the athletes’ images was “transformative,” not literal depictions and thereby protected. (Metropolitan Corporate Counsel, August 20, 2012, by Gina Reif Ilardi)