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.
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
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.