A federal appeals court has revived a lawsuit brought by a college quarterback against EA Sports, on grounds the video game publisher used his likeness without permission in their popular NCAA Football series.
Ryan Hart (pictured), who played for Rutgers University from 2002 to 2005, sued years ago on grounds that the Rutgers quarterback in NCAA Football, while he played for the school, exhibited all of his traits except for his name, and therefore constituted his actual likeness. In 2011, Hartâs case was dismissed at the federal district court level, in a ruling that said his depiction in NCAA Football fell under EA Sportsâ normal First Amendment rights of artistic expression.
The reversal of the dismissal of Hartâs complaint means it goes back to district court. A similar complaint, filed by former Nebraska and Arizona State quarterback Samuel Keller, also is on appeal at the the federal level in another district. While this ruling is not binding to Kellerâs case, his complaint and appeal are basically the same as Hartâs.
Kellerâs lawsuit was combined with that of Ed OâBannonâs, the former UCLA standout who sued EA Sports over his appearanceâafter his college daysâin a video game under all but his own name. OâBannonâs suit seeks to become a class action and a ruling on that will take place in June. If it does become a class actionâinvolving thousands of past and present college playersâthe potential damages could force the NCAA to severely alter its rules for eligibility, and even compensate athletes, as well as threaten the viability of licensed college sports video games.
Former Rutgers QB Ryan Hart gets favorable call on lawsuit against EA Sports [NJ.com]
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