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ARTICLE · 23 APRIL 2015

MMA Fighter: Game Developer Used My Likeness Without Permission

Klein Moynihan Turco LLP
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Earlier this month, mixed martial arts (MMA) fighter Felice Herrig took to Instagram to accuse video game developer NetherRealm Studios and its parent/distributor Warner Bros. Interactive Entertainment, Inc. of using her likeness without permission.

United StatesMedia, Telecoms, IT, Entertainment
David O. Klein
David O. Klein
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Earlier this month, mixed martial arts (MMA) fighter Felice Herrig took to Instagram to accuse video game developer NetherRealm Studios and its parent/distributor Warner Bros. Interactive Entertainment, Inc. of using her likeness without permission. Herrig claims that her image served as a model for "Cassie Cage," a character in the newly released game Mortal Kombat X.

The UFC fighter's allegations beg the question: Can digital copies of another person's likeness amount to unlawful right of publicity violations?

Felice Herrig and Mortal Kombat X's Cassie Cage

Mortal Kombat X, which was released for PlayStation 4, Xbox One and PC just last week, features the new character Cassie Cage – a Special Forces fighter and daughter of the original 1992 game's Sonya Blade and Johnny Cage characters. Over the past three months, Herrig has posted images and video clips of Cassie Cage to her Instagram account, often comparing screenshots from the game to photographs of

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