Michael Davis v. Electronic Arts Inc.

OPINION

FISHER, Circuit Judge:

We are called upon to balance the right of publicity of former professional football players against Electronic Arts’ (EA) First Amendment right to use their likenesses in its Madden NFL series of video games. We previously held EA’s unauthorized use of a former college football player’s likeness in the NCAA Football series of video games was not, as a matter of law, protected by the First Amendment. See Keller v. Elec. Arts (In re NCAA Student-Athlete Name & Likeness Licensing Litig.), 724 F.3d 1268 (9th Cir.2013). In Keller, we rejected several of the First…