Back in September last year, we wrote about an important district court ruling that said video game maker EA was within its rights
to use a likeness of football player Jim Brown in its video games. In the past few decades, there has been a dangerous expansion in so-called "publicity rights," like this that effectively put serious limits on what others can do. This expansion needs to be challenged, even if it seems like something so simple as a video game. Not surprisingly, however, Brown is now appealing the district court's decision to dismiss the case
, saying that he wasn't able to present all the facts. We noted last year that this case would certainly be appealed, so this doesn't come as a huge surprise. Still, it should be a case worth watching if you are concerned about the expansion of concepts like publicity rights (and, on the flip side, about free expression rights).