James Delahunty
10 Sep 2011 3:19
Judge sides with Electronics Arts in case over use of football player's image.
Former Rutgers University Quarterback Ryan Hart sued the giant video game publisher for the use of his image in its NCAA Football game without getting his permission first. EA argued that it had a constitutional right to free expression, and that the case should be dismissed.
U.S. District Judge Freda Wolfson in Trenton, New Jersey, agreed, citing the First Amendement to the United States Constitution that guarantees the right to free expression, saying it outweights Hart's right to control the use of his image.
Electronic Arts' lawyer, Elizabeth McNemara, said the company is pleased with the Judge's decision, adding it "validates Electronic Arts' rights to create and publish its expressive works."