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Property Keyed to French
Keller v. Electronic Arts, Inc.
Citation:
724 F.3d 1268 (9th Cir. 2013)Facts
The defendant, EA Sports, releases a series of video games, known as NCAA football, that allow players to control avatars modeled after the actual players on the team during a given year. EA Sports strives to replicate each schools entire team as accurately as possible. EA Sports included each players actual jersey number, virtually identical height, weight build, skin tone, hair color, and home state. One of the only notable details EA Sports did not include was the actual players name. The plaintiff, Keller, sued EA Sports for violation of his right to publicity, for including his likeness in the game without compensating him or obtaining his permission.
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