Earlier this week, a ruling from the Third Circuit came down in favor of former Rutgers quarterback Ryan Hart in his claim against video game manufacturer Electronic Arts (EA). In short, the ruling concludes that the use of Hart in the NCAA football video game is not transformative. This of course makes perfect sense, as the objective in sports video game programming is to make things as realistic as possible. In other words, the goal is to transform as little as possible.
The court also explains in its ruling that the oft-cited Rogers test is not the best fit for the situation presented in Hart’s claim against EA, and confirmed that the First Amendment does not trump the Right of Publicity in a non-transformative, commercial use such as the Right of Publicity.
Here is a link to the court’s ruling: