Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Copyright Act Preempts Players' Publicity Rights for NFL Films
Twenty-three professional football players brought a class action lawsuit against the National Football League (NFL), claiming that films produced by NFL Films violated their state rights of publicity and constituted false endorsement under '43(a) of the Lanham Act. Twenty of those players settled with the NFL for a fund for the benefit of all former professional players and use of a licensing agency to assist the players in exploiting their publicity rights ' benefits reported to be worth $42 million. However, the other three players (John Dryer, Elvin Bethea, and Edward White) opted out of the settlement and elected to pursue their suit. The U.S. District Court for the District of Minnesota granted summary judgment to the NFL on both claims. The U.S. Court of Appeals for the Eighth Circuit affirmed on the basis that the players' rights of publicity were preempted by the Copyright Act and that the films were neither commercial speech nor likely to cause consumers to believe that the players were affiliated with or endorsed the NFL. Dryer v. The National Football League, __ F.3d __ (8th Cir. 2016).
Since 1965, NFL Films has produced hundreds of theme-based compilations of NFL game footage and interviews with players, coaches, and other individuals, with some of the compilations winning awards. The NFL sells the films to individual consumers, broadcasts them on its television network and website, and licenses the right to display them to distributors such as Warner Home Video, Hulu, and ESPN. Dryer, Bethea, and White appeared in featured game footage and gave interviews for use in the films.
Applying the Copyright Act
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.