Third Circuit Decision in Hart v. Electronic Arts Has Important Implications in the First Amendment and Video Game Arena

This article reviews and analyzes the Third Circuit’s recent decision in Ryan Hart v. Electronic Arts Inc. regarding an athlete’s right of publicity and a video game manufacturer’s First Amendment right. Specifically, the article examines the Third Circuit’s adoption of the transformative use test to balance the competing interests. The article also examines this decision in relation to other federal circuit courts to consider the issue.