Hello,

We are given the below case for my business law class. I am struggling to find what constitutional laws/clauses relate to these dilemmas as well as what common law concepts related to the law of contracts. After I identify some examples, I will address the position of 1. the former NFL players 2. the NFL 3. EA. Can you please help me identify what constitutional laws/clauses relate to this case? First amendment? Commerce Clause?

The case is between 3 parties. EA (Electronic Arts), the NFL, and former NFL players. EA has purchased the right to use the "likeness" of the NFL players for their video game NFL Madden. The NFL also gave them the right to use former players as part of the deal. Madden releases "historic" teams that use the likeness of former NFL players. The former players filed a lawsuit in federal court because they said it violates their "right of publicity". The NFL has existing contracts with these players and are paid a flat fee to use their likeness for promotional and marketing purposes. In these contracts it states that the NFL can modify or amend the contracts at any time.

EA argued that the use of the former players likeness was incidental use which was permitted because they are a beneficiary of of the contracts between the NFL and EA. There are 3 parties involved. I need help to identify any constitutional laws prevalent in this case as well as common laws.