Professional Athletes & Video Games: An Analysis of the Transformative Use Test

By Tyler S. Woods, J.D. Candidate, Sandra Day O’Connor College of Law   In Brown v. Entm't Merchants Ass'n, the Supreme Court confirmed that video games——like books, plays, and movies——are works of art that enjoy First Amendment protection. 564 U.S. 786, 790 (2011). But this protection is not without limit. Although video games enjoy the freedom of expression, this expression cannot unjustly infringe upon an individual’s right of publicity. Accordingly, when a plaintiff alleges