Federal Judge Rules Video Games are Protected "Expressive Works"

On Wednesday, a federal district court in Los Angeles dismissed Brown’s claim against Electronic Arts
for the use of his image in its Madden NFL series. Judge Florence
Marie-Cooper essentially found that video games are “expressive works,
akin to an expressive painting that depicts celebrity athletes of past
and present in a realistic sporting environment.” Such works are
protected by the First Amendment. —Kotaku