facebook
twitter
rss
account
search
search
 

Court revives former Rutgers QB's lawsuit against Electronic Arts

May 22, 2013 at 3:05 PM   |   Comments

PHILADELPHIA, May 22 (UPI) -- A federal appeals court in Philadelphia ruled 2-1 a former Rutgers University quarterback can sue game maker Electronic Arts for using his image.

In its decision in favor of Ryan Hart Tuesday, the court overturned a 2011 decision by a federal judge in New Jersey, The (Newark, N.J.) Star-Ledger reported. Two judges of the 3rd U.S. Circuit Court of Appeals found the video game "NCAA Football" is not protected by the First Amendment.

Hart played for Rutgers, New Jersey's state university, in 2004 and 2005.

"The digital Ryan Hart does what the actual Ryan Hart did while at Rutgers: He plays college football, in digital recreations of college football stadiums, filled with all the trappings of a college football game," Judge Joseph Greenaway wrote in the majority opinion. "This is not transformative; the various digitized sights and sounds in the video game do not alter or transform the appellant's identity in a significant way."

Greenaway said Electronic Arts was using Hart's image without his permission.

Judge Thomas Ambro disagreed: "I recognize that Electronic Arts has taken for the 2005 version of 'NCAA Football' what most good Rutgers fans during Ryan Hart's playing days know -- the Rutgers quarterback is Hart, and parlayed that recognition into commercial success."

© 2013 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.
Most Popular
1
Jon Bon Jovi cut from group bidding for the Buffalo Bills
2
Rams rookie got a face tattoo to intentionally keep himself from working anywhere but the NFL
3
Serena, Venus fall in U.S. Open doubles QFs
4
Michael Sam could join Dallas Cowboys practice squad: Report
5
Reds make rare trip to Baltimore
Trending News
Video
x
Feedback