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Copyright Preemption Defeats Wrestler's State Claims over ESPN Re-Telecasts
The U.S. Court of Appeals for the Eighth Circuit affirmed that former Universal Wrestling Federation wrestler Steve “Wild Thing” Ray's state law claims, over ESPN's re-telecast of his 1990s matches, were preempted by federal copyright law. Ray v. ESPN Inc., 14-2117.
The U.S. District Court for the Western District of Missouri ruled that Ray's “complaints are based solely on ESPN airing video recordings depicting him in a 'work of authorship,' which is plainly encompassed by copyright law.” But on appeal, Ray argued his state law claims over use of his likeness were the “focal point of this case.”
The Eighth Circuit determined, however: “ESPN did not use Ray's likeness or name in an advertisement without his permission to promote its commercial products, and, as the district court correctly noted, Ray's 'likenesses could not be detached from the copyrighted performances that were contained in the films.' Consequently, Ray's attempts on appeal to recast his claims to evade copyright preemption are unavailing.”
The U.S. Court of Appeals for the Eighth Circuit affirmed that former Universal Wrestling Federation wrestler Steve “Wild Thing” Ray's state law claims, over ESPN's re-telecast of his 1990s matches, were preempted by federal copyright law. Ray v.
The U.S. District Court for the Western District of Missouri ruled that Ray's “complaints are based solely on ESPN airing video recordings depicting him in a 'work of authorship,' which is plainly encompassed by copyright law.” But on appeal, Ray argued his state law claims over use of his likeness were the “focal point of this case.”
The Eighth Circuit determined, however: “ESPN did not use Ray's likeness or name in an advertisement without his permission to promote its commercial products, and, as the district court correctly noted, Ray's 'likenesses could not be detached from the copyrighted performances that were contained in the films.' Consequently, Ray's attempts on appeal to recast his claims to evade copyright preemption are unavailing.”
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