In each type of video games genre, video game developers use identity of celebrities in creating avatar with speedily growing technology. This enables players to play video games as their favorite famous character in the virtual world. In the US, the right of publicity is property right and it is the right to control commercial use of personal identity. In video game context, video game developers have the freedom of expression to use the identity of famous individual as examples in creating an avatar. This leads to the problem where the right of publicity conflf licts with freedom of expression. The US courts are f inding the balancing tests in order to reconcile the right of publicity with the freedom of expression. This paper aims to present one of the balancing tests namely the Transformative Use Test which applied by the US courts in order to provide as an example for the Thai courts.