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EA asks Ninth Circuit for en banc rehearing on right of publicity case involving retired NFL players

( January 21, 2015, 00:22 GMT | Official Statement) -- MLex Summary: Electronic Arts has asked the US Court of Appeals for an en banc rehearing of a Jan. 6 decision in which a three-judge appeal panel affirmed a district court decision denying EA's motion to dismiss litigation brought by retired National Football League players who want to be compensated for the use of their likenesses in an EA video game. EA said its appeal presents a question of "exceptional importance" not answered in other recent Ninth Circuit cases involving the use of athletes' digital avatars in EA games: "When applied to a defendant’s use of an individual’s name or likeness in a book, motion picture, video game, or other expressive works, is the right of publicity a content-based restriction on speech that triggers strict constitutional scrutiny? Please see attached document...

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