Ryan Hart is a former quarterback for Rutgers University\'s football team. He su
ID: 394747 • Letter: R
Question
Ryan Hart is a former quarterback for Rutgers University's football team. He sued electronic arts for violating his right to publicity by using his likeness and biographical information in its NCAA Football series of videogames. Electronic Arts defended on the basis that, even if it had violated Hart's right to publicity, its actions were encompassed within its free speech rights which were protected by the first amendment. After comparing electronic arts speech rights to Harts rights to publicity, the court held that Harts likeness was not so substantially transformed by the videogame that it became electronic arts expression rather than Harts likeness. Thus, it ruled in favor of Hart. Explain what aspect of modern rights theory this explores.
Explanation / Answer
The case explores the publicity doctrine aspect of modern rights theory. The doctrine was first used by courts in favor of celebrities and the rational was used that these celebrities has invested their time money and other things to owe their likeness and that they shall enjoy these rights however the benefit of publicity doctrine was extended to other people whether they were famous or not in fraley vs.facebook case.
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