Lewis v. Activision Blizzard, Inc.

2013 U.S. Dist. LEXIS 149784 (2013)

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Lewis v. Activision Blizzard, Inc.

United States District Court for the Northern District of California
2013 U.S. Dist. LEXIS 149784 (2013)

  • Written by Alexander Hager-DeMyer, JD

Facts

Amanda Lewis (plaintiff) was employed by Activision Blizzard, Inc. and Blizzard Entertainment, Inc. (collectively, Blizzard) (defendants) as a game master for World of Warcraft, one of Blizzard’s most popular multiplayer role-playing video games. Game masters appeared as characters in the game and provided customer service to players. Game masters also assisted with content creation during the ongoing development of the game. Lewis received this job description in her training manual. A Blizzard game writer invited all game masters to audition for voice-over work related to World of Warcraft. Lewis was invited to record a voice for a new game character called the baby murloc. Lewis was told that the character would be unveiled at a Blizzard fan convention and used in videos to promote World of Warcraft. Lewis was compensated at her normal hourly rate, and the voice work was done at Blizzard offices during the normal workweek. Lewis did not ask whether the voice would be used outside of promotion work or request any copies of the recordings. Blizzard decided to use the voice to create a baby murloc character in the game itself. Lewis filed suit against Blizzard, alleging that the company infringed her copyright in the baby murloc recordings by using them in the World of Warcraft game without her consent. Blizzard filed for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Wilken, J.)

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