724 F.3d 1235 (9th Cir. 2013)
The case Brown v. Electronic Arts, Inc.
Does EA's use of Jim Brown's likeness in its 'Madden NFL' video game series constitute a violation of his right of publicity under California law, or is it protected under the First Amendment?
The First Amendment provides protections for expressive works, which include creative works like video games. Under California's transformative use test, the First Amendment can protect creators from right of publicity claims if the work adds significant creative elements, transforming the likeness into something more than a mere depiction.
The Ninth Circuit Court of Appeals held that EA's use of Jim Brown's likeness in the 'Madden NFL' video game series was protected by the First Amendment, and therefore did not violate Brown's right of publicity.
Brown v. Electronic Arts, Inc. is critical for understanding how courts balance the right of publicity against free speech rights, especially in the context of new digital media. The decision underscores the importance of the transformative use test in determining whether the use of a likeness in creative works is protected under the First Amendment. This case is a cornerstone for future disputes involving digital representations and is essential for any student exploring media law or intellectual property rights in the digital age.