Ninth Circuit

Today, the Ninth Circuit held in Maloney v. T3 Media that former collegiate athletes’ right of publicity claims arising out of the licensing of...

On Christmas Eve, the Ninth Circuit Court of Appeals resubmitted Sarver v. Chartier for consideration.  I posted earlier about this long-lingering right of publicity lawsuit...

Earlier this week the NFL, MLB, NHL and MLS players associations filed an amicus brief supporting the NCAA student-athletes' appeal from a decision that held that their right of publicity claims were preempted by copyright law. The student-athletes objected to the sale of photographs that were...

In a letter filed this week in the Ninth Circuit, Sarver’s attorney reminds the Ninth Circuit that this case, which was argued on May 9, 2013, still has not been decided by the Court of Appeals. Sarver v. The Hurt Locker, LLC, involves a right of publicity claim (among other claims) for...

Professor Eugene Volokh (UCLA) and I filed a brief today in support of granting certiorari in Davis v....

The Ninth Circuit’s decision last week upholding the application of antitrust laws to the NCAA, has several implications for student-athletes and their rights of publicity.  The appellate court’s holding that the NCAA could retain its rules requiring students to remain amateur means that...

The Ninth Circuit denied rehearing in its controversial decision in Davis v. Electronic Arts that the use of real professional athletes identities in a video game was not protected by the First Amendment.  This decision leaves at risk numerous expressive and nonfiction works that include...