This Note reexamines the three major existing alternatives and concludes that none of them is an effective standard that courts can apply consistently. It addresses this problem by proposing an alternative test that will be easier for courts to apply consistently, will protect video game producers’ reasonable expectations, and is designed specifically for balancing the right of publicity with the First Amendment in the video game context.
“Groove is in the Hart”: A Workable Solution for Applying the Right of Publicity to Video Games
R. Garrett Rice
June 9, 2015