Electronic Arts and the NCAA have gotten themselves in some hot water over using the likenesses of college atheletes without legal permission of the individuals themselves.
EA argues that the use of the athletes’ likenesses was within its First Amendment rights. A legal battle has been going on since May 5, 2009 in Northern California between college athlete Samuel Keller and EA. After losing the case in the U.S. District Court, EA appealed to the Ninth Circuit Court of Appeals.
The Ninth Circuit Court of appeals rejected EA’s claim that using the individuals’ likenesses was within its First Amendment rights.
According to Steve Berman, managing partner of Hagens Berman and the attorney who argued Keller’s case on appeal, "the Court of Appeals confirmed that EA’s defense—the First Amendment claim—was fundamentally and fatally flawed." Berman expects that EA and the NCAA will have a hard time coming up with a strong defense after this defeat.
Do you feel that EA and the NCAA are just in what they did? Do you think this decision might mean the legal battle between EA and Sam Keller will finally be coming to a close? Let us know what you think in the comments section below.