Electronic Arts Inc on Friday won the dismissal of a lawsuit by former Rutgers University quarterback Ryan Hart accusing it of using his image in its NCAA Football video game without permission.
U.S. District Judge Freda Wolfson in Trenton, New Jersey, said Electronic Arts' right to free expression under the First Amendment outweighs former quarterback Ryan Hart's right to control the use of his name and likeness.
Keith McKenna, a lawyer for Hart, did not immediately respond to a request for comment.
Elizabeth McNamara, a lawyer for Electronic Arts, said the company is pleased with the decision, which validates Electronic Arts' rights to create and publish its expressive works.
The case is Hart v. Electronic Arts Inc et al, U.S. District Court, District of New Jersey, No. 09-05990.
(Reporting by Jonathan Stempel; editing by Andre Grenon)