Case Summary
**Case Summary: Keller v. Electronic Arts, Inc.**
**Docket Number:** 7839082
**Court:** United States District Court
**Date:** Decided in 2013
**Background:**
In the case of Keller v. Electronic Arts, Inc., the plaintiff, Samuel Keller, a former collegiate athlete, filed a lawsuit against Electronic Arts (EA), a major video game developer, alleging that EA used his likeness without his permission in its NCAA Football video game series. Keller was a star quarterback at Arizona State University and argued that EA depicted him and other athletes in a way that appropriated their likenesses for commercial gain.
**Legal Issues:**
The key legal issues in this case pertain to the right of publicity and copyright law. Keller contended that EA’s use of his likeness constituted a violation of his right to control and profit from the commercial use of his identity. The case also raised questions regarding the applicability of First Amendment protections for video game creators and whether artistic expression outweighs individual publicity rights.
**Court’s Decision:**
The United States District Court ultimately ruled in favor of Keller, finding that EA had infringed on his right of publicity. The court recognized that the video game contained realistic representations of college athletes, reminiscent of the likenesses of actual players. The decision emphasized that while video games may be considered artistic works, they are not exempt from the requirement of obtaining permission to use someone’s likeness for commercial purposes.
**Significance:**
This case is significant as it highlights the tension between intellectual property rights, particularly the right of publicity, and the freedoms afforded by the First Amendment. It set a precedent for similar cases involving the portrayal of real-life individuals in creative works, especially in the context of commercial video games. Keller v. Electronic Arts, Inc. underscored the need for video game developers to consider the legal implications of using real-life personalities in their products, as well as the importance of obtaining licenses where appropriate.
**Conclusion:**
Keller v. Electronic Arts, Inc. serves as a critical juncture in the discussion of athletes' rights, artistic expression, and commercial exploitation in the digital age. It exemplifies the challenges posed by technological advances in gaming and the necessity for clear legal standards governing the use of individuals' likenesses in media.