digital content

The Ninth Circuit Court

Rules federal copyright

trumps publicity

image
By Marine 69-71 – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=57685344

The US Court of Appeals for the Ninth Circuit has ruled that state law right-of-publicity claims are pre-empted by the federal Copyright Act “when a likeness has been captured in a copyrighted artistic visual work and the work itself is being distributed for personal use.”

The case of Maloney v. T3 Media, Inc .was brought by former student athletes Patrick Maloney and Tim Judge. Maloney and Judge played for the Catholic University men’s basketball team between 1997 and 2001.

In their first year on the team, the men made it to the Division III national championship game, which their team won in an upset.

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