Former NFL Players Oppose EA’s Play to Dismiss Madden Suit

On September 1, 2017, a proposed class of former NFL players moved a California Federal Court not to dismiss their suit against Electronic Arts (EA), game maker, for the use of their likenesses in the Madden video games. EA is attempting to remove the remaining five claims of the suit after it was successful in August in dismissing the former NFL players’ claims under a state law statute. EA claimed that the former players’ remaining publicity rights claims are preempted by the Copyright Act.

The …

May 3, 2017 Intellectual Property, Copyright, and Trademark / Litigation / NCAA

Ninth Circuit Affirms Dismissal of Former-NCAA Champions’ Likeness Suit

The Ninth Circuit has affirmed the dismissal of the lawsuit of two former college basketball players against a website that sold official NCAA photos, as the website’s rights under federal copyright law preempted the players’ publicity rights.

As background, two former Division III college basketball players, Patrick Maloney and Tim Judge, sued T3Media in June, 2014 regarding the Website’s deal with the NCAA to host and license the League’s photos. Maloney and Judge were part of the 2001 NCAA championship team — Catholic University. …

February 27, 2017 Copyright / NCAA

NCAA Players’ Likeness Suit Attempts to Gain New Life

On February 17, 2017, two former Catholic University basketball players from the 2001 Division III national championship team pleaded for the Ninth Circuit to revive their class action against a website, T3Media, which sold official NCAA photographs from their championship season. The suit commenced in 2012, but was dismissed in 2015 as a District Court judge found that the website did not exceed its copyright and, therefore, was preempted by the Copyright Act. In response to the court’s dismissal, members of professional player unions in …

February 13, 2017 Intellectual Property, Copyright, and Trademark

Paul McCartney Seeks to Terminate Sony’s Copyright Interests in Legendary Beatles’ Tracks

Paul McCartney has commenced a full-out mission to re-acquire complete ownership of the copyright interests in the Beatles’ songs Sony acquired rights to 50 years ago. On January 11, 2016, McCartney sought confirmation from a New York federal judge on that he will not face breach of contract liability in the process.

McCartney filed termination notices in 2008 pursuant to a provision in the Copyright Act, which affords song-makers whose songs were made prior to 1978 the right to terminate copyright licenses and assignments after …

Pro Athletes File Amicus Brief Supporting NCAA Players’ Likeness Suit

On December 7, 2015 , professional athletes filed an amicus brief in support of a likeness suit brought by two former NCAA basketball players against a media company that sold game-time photographs of the ex-college athletes.

Patrick Maloney and Tim Judge — both former members of the Catholic University 2001 NCAA Championship basketball team — initially brought the likeness suit in relation to a deal the NCAA made with media company T3Media in 2012 to host and license the league’s photo library. Through this deal, …

2001 NCAA Basketball Champs Appeal 9th Circ. Dismissal of Likeness Suit

In March of this year, U.S. District Judge Andre Birotte Jr. dismissed a lawsuit brought by former NCAA basketball players alleging that the licensing of copyrighted photographs violated their right of publicity. Patrick Maloney and Tim Judge — both former members of the Catholic University 2001 NCAA Championship basketball team—initially brought the suit in relation to a deal the NCAA made with T3Media in 2012 to host and license the league’s photo library. Through this deal, the public could purchase non-exclusive licenses to the copyrighted …