6
Aug/13

Keller v. EA: visual elements mean game isn’t protected by First Amendment


43(b)log: Keller v. EA: visual elements mean game isn’t protected by First Amendment:

“As the dissent pointed out, “[t]he logical consequence of the majority view is that all realistic depictions of actual persons, no matter how incidental, are protected by a state law right of publicity regardless of the creative context. This logic jeopardizes the creative use of historic figures in motion pictures, books, and sound recordings.” (In practice, I expect the dissent will be wrong, given the persistent medium discrimination in which courts engage—but it could be right about motion pictures!)”

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