By Darren Rovell | ESPN.com
Electronic Arts lost an appeal Wednesday in a case over its college football video game when a federal court dismissed arguments the company had made in hopes of justifying its use of an athlete’s likeness without permission.
The appellate court affirmed a decision of a U.S. District Court that EA Sports could not use a First Amendment defense to protect it against the rights of publicity claims filed by former Arizona State and Nebraska quarterback Sam Keller.
A panel of judges on the 9th Circuit Court of Appeals in California voted 2-1 that EA was not protected by free speech because the company created the likeness of Keller “in the very setting in which he has achieved renown.”
“Given that NCAA football realistically portrays college football players in the context of college football games, the district court was correct in concluding that EA cannot prevail,” Judge Jay S. Bybee wrote in the decision.
