Whether the First Amendment right to free speech protects using a person's actual likeness without permission when weighed against that person's property, privacy, and dignity rights against unauthorized use of his likeness

QUESTIONS PRESENTED Epic Games used Lenwood “Hard Rock” Hamilton’s face and voice in its billion-dollar Gears of War video game franchise without his permission. The Third Circuit used a version of the Supreme Court of California’s “transformative use test” to determine that Epic Games had a First Amendment right to use Hamilton’s image and voice without his permission. The questions presented are: 1) whether the First Amendment right to free speech protects using a person’s actual likeness without permission when weighed against that person’s property, privacy, and dignity rights against unauthorized use of his likeness, and 2) whether the First Amendment right to free speech protects a video game maker’s unauthorized use of a person’s face and voice in a game?