Copyright is a Different Ball Game when it Comes to Athletes’ Photos
Robert J. Kenney, for World Trademark Review
The appeal court opinion in Maloney v. T3 Media highlights the limitations on publicity rights when claims are pre-empted under the US Copyright Act.
On April 5, 2017 the US Court of Appeals for the Ninth Circuit issued an opinion in Maloney v. T3 Media, Inc. (15-22630 (9th Cir 2017)) affirming the limitation where claimed rights of publicity are found to be within the subject matter of federal copyright law and therefore pre-empted.
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This article first appeared in World Trademark Review issue 68, published by Globe Business Media Group – IP Division. To view the issue in full, please go to www.WorldTrademarkReview.com.