Electronic Arts, Inc. v. Brown

April 18, 2016

Former NFL fullback James (Jim) Brown claims Electronic Arts violated his right of publicity after including his biographical and statistical information in Madden NFL, a video game that allows users to simulate NFL games and play as their favorite NFL players. The Reporters Committee, with eight other media organizations, filed an amicus brief in the California Court of Appeal arguing that the First Amendment shields EA's limited use of Brown's likeness in a constitutionally protected video game because it contains speech on matters of public interest and does not survive strict scrutiny as a content-based restriction. Brown's claims are also barred under California's public affairs exemption and applicable case law. Amici further contend EA's speech must be protected to prevent chilling effects on speech and encourage the news industry to continue evolving as technology advances.