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
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"
How to Protect Your New Jersey Business When Going through a Divorce post image

How to Protect Your New Jersey Business When Going through a Divorce

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]

Author: Jay McDaniel

Link to post with title - "How to Protect Your New Jersey Business When Going through a Divorce"
10 Common Issues in Franchise Disputes post image

10 Common Issues in Franchise Disputes

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]

Author: Paul Grossman

Link to post with title - "10 Common Issues in Franchise Disputes"
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"

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.
“If you would like to submit a file, please email it directly to info@sh-law.com.

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