65 Fla. L. Rev. F. 10 (2013)
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Florida Law Review Forum


Response to Marc Edelman, Closing the “Free Speech” Loophole

In his recent Article on the right of publicity for college athletes, Professor Marc Edelman proves prescient in his arguments that a video game manufacturer using likenesses of college athletes violated their publicity rights and could not reasonably shelter itself behind the First Amendment. Since the publication of Edelman’s Article, two Federal Courts of Appeal have decided cases in favor of the athletes, recognizing the validity of their rights of publicity while holding that the game manufacturer did not sufficiently transform the athletes’ likenesses so as to qualify for a free speech defense. As a result, the manufacturer announced that it will not publish a new college football game in 2014.
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