2014.” After its release, however Rutgers varsity student athlete, Charles Smith, noticed there was an avatar that resembled him. From Smith’s team issued number down to his exact red and black wristband and exact height and weight, RSG copied a digital persona of Smith without ever consulting him. RSG believed that the First Amendment right to do so. Our First Amendment and ‘Right of Publicity’ do not protect the use of college student athlete personas in videogames without proper compensation for…
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