Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NFL Reserves Right to Use Players Image

Author: Scarinci Hollenbeck, LLC

Date: March 10, 2016

Key Contacts

Back

Player Rights: the NFL Reserves Right to Use Players Image

Who has the right to use a football player’s image – the athlete himself or the league?

Well, according to a recent court ruling, when it comes to in-game footage, it is the latter. While players own their names and their images outside of league events, the NFL is allowed to take advantage of athletes’ fame by using video clips it owns. NFL Films, for example, can use footage of famous football players on the field, in order to promote league events, without their consent.

NFL Player Publicity Rights

Players’ publicity rights, according to a three-judge panel on the Eighth Circuit Court of Appeals, are preempted by the NFL’s copyright ownership of previously shot film. The court’s ruling came about in a dispute between former players and the league over the NFL’s right to use in-game footage of them in a promotional capacity. The final ruling means David Tyree’s helmet catch, Malcolm Butler’s goal-line interception and Von Miller’s recent single-game string of sacks against Cam Newton are all properties of the league. The players don’t own the right to use footage of these events, even if they are the focus of them.

The Court made note of the special circumstances videos touting the league’s past, though, in its opinion. Game footage used by the league in highlight compilations “represent[s] speech of independent value and public interest rather than advertisements for a specific product,” according to the opinion. The economic interests of the league, it explained, are not substantial enough to convert the footage into commercial speech. The court dismissed players’ arguments that the NFL’s use of game footage implied that players were endorsing the league or that their performances on the field were part of their identities.

For related articles on NFL player rights, check out some of these previous posts:

  • The NFL Rules of Relocation
  • NFL Fears More Holdouts on the Way as Salary Cap Rises
  • In the NFL, No Dice on Double Jeopardy
  • NFL Teams Use Offset Language to Avoid Rookie “Double-Dipping”
  • NFL Public Relations Contract Clause
  • What Can and Can’t be Negotiated in NFL Rookie Contracts

If you’re concerned about the way in which the league is handling this, or concerned whether they’ll eventually use your image, speak with an experienced sports law attorney for more information.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Failing to Comply With NJ Rent Control Exemption May Prove Costly post image

Failing to Comply With NJ Rent Control Exemption May Prove Costly

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing.  A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]

Author: Patrick T. Conlon

Link to post with title - "Failing to Comply With NJ Rent Control Exemption May Prove Costly"
Crypto Securities Law: When Tokens Become Investment Contracts post image

Crypto Securities Law: When Tokens Become Investment Contracts

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Securities Law: When Tokens Become Investment Contracts"
The Due Diligence Process for NY Condominiums and Cooperatives post image

The Due Diligence Process for NY Condominiums and Cooperatives

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]

Author: Jesse M. Dimitro

Link to post with title - "The Due Diligence Process for NY Condominiums and Cooperatives"
Smart Contract Legal Issues: Drafting Agreements for Blockchain post image

Smart Contract Legal Issues: Drafting Agreements for Blockchain

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]

Author: Bryce S. Robins

Link to post with title - "Smart Contract Legal Issues: Drafting Agreements for Blockchain"
Are Stay Interviews the Key to Retaining Top Talent? post image

Are Stay Interviews the Key to Retaining Top Talent?

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]

Author: Angela A. Turiano

Link to post with title - "Are Stay Interviews the Key to Retaining Top Talent?"
Why Secured Transactions Are Important post image

Why Secured Transactions Are Important

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]

Author: Dan Brecher

Link to post with title - "Why Secured Transactions Are Important"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!