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
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: George McGowan

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"
Why Every Business Should Conduct an Annual Insurance Coverage Review post image

Why Every Business Should Conduct an Annual Insurance Coverage Review

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]

Author: George McGowan

Link to post with title - "Why Every Business Should Conduct an Annual Insurance Coverage Review"
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To) post image

Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]

Author: George McGowan

Link to post with title - "Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)"
How to Effectively Use Contracts to Manage Risk post image

How to Effectively Use Contracts to Manage Risk

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]

Author: George McGowan

Link to post with title - "How to Effectively Use Contracts to Manage Risk"
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"

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!