What are a veteran NFL player’s name, image, and likeness worth in the burgeoning (but recently beleaguered-by-lawsuits) daily fantasy sports gaming industry? NFL wide receiver Pierre Garçon’s putative class action lawsuit...more
Just over a month ago I wrote about the Davis v. Electronic Arts matter that was pending before the Ninth Circuit Court of Appeal. Specifically, I opined that the matter was ripe for Supreme Court review in light of the...more
Freedom of expression bowed to the right of publicity on July 31, 2013, when a divided panel at the Ninth Circuit ruled that college athletes could proceed in litigation against Electronic Arts (“EA”) for making sports-based...more
Creating a new rule that gives videogames much more limited protection than other expressive works, the Ninth Circuit has ruled that realistically depicting college athletes in videogames showing them doing what they became...more
On Wednesday, July 31, 2013, the Ninth Circuit issued two opinions assessing the parameters of use of individual player likenesses in video games in two highly watched cases...more
College sports is big business. Student-athletes generate truckloads of cash for their schools, but are prohibited by NCAA rules from sharing in the haul. In fact, if the student-athlete learns that someone is commercially...more