EA seems to have gotten themselves into some hot water regarding the likeness of three helicopters included in Battlefield 3. Textron (the parent company of Bell Helicopters) is claiming the helicopters were used without their OK and asking for them to be removed (or more likely, proper compensation).
EA has initiated action on their own saying they’re protected under the First Amendment and are free to use the likeness of the helicopters as “fair use”.
A ruling was made in June last year saying that video games are allowed the same First Amendment rights to free speech as other mediums, and a case was actually won by EA regarding the use of a College football player’s likeness (without name and without his permission) was OK.
Digital rights are a strange place as a lot of laws are just getting set into place. We’re seeing a lot of talk about situations like this recently, and it’s interesting to say the least.