Patrick S. Kabat , The First Amendment and The Arts Project, The Spangenberg Center for Law, Technology & The Arts, Case Western Reserve University School of Law, Cleveland, Ohio, for Jarryd Huntley, amicus curiae.
Davis Wright Tremaine LLP, New York City ( Robert D. Balin and Samuel M. Bayard of counsel), and Los Angeles, California ( Kelli L. Sager of counsel), for The Motion Picture Association of America, Inc. and another, amici curiae.
Hartman & Winnicki, P.C., Ridgewood, New Jersey ( Daniel L. Schmutter of counsel), and Eugene Volokh , Scott & Cyan Banister First Amendment Clinic, UCLA School of Law, Los Angeles, California, for Eric M. Freedman and others, amici curiae.
Chief Judge DiFIORE and Judges RIVERA, STEIN, GARCIA and FEINMAN concur; Judge WILSON taking no part.
OPINION OF THE COURT
FAHEY, J.
The primary questions on this appeal are whether an avatar (that is, a graphical representation of a person, in a video game or like media) may constitute a "portrait" within the meaning of Civil Rights Law §§ 50 and 51 and, if so, whether the images...
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