Video Games and the Right of Publicity : The Courts Drop the Ball
The Courts Drop the Ball

<jats:p> The right of publicity—the right to control commercial uses of one’s identity—stands in an ambiguous relationship to First Amendment free speech interests. This article explores the origins of the publicity tort, including its recent expansion into domains formerly thought to be protected by the First Amendment. The article then analyzes two questionable rulings from federal appellate courts in 2013. Both cases held that the First Amendment did not protect a video game maker using the personae of college athletes. These rulings carry serious implications not only for video game creators but also for a variety of media entities. </jats:p>