From our private database of 14,100+ case briefs...
Facenda v. N.F.L. Films, Inc.
United States Court of Appeals for the Third Circuit
542 F.3d 1007 (2008)
John Facenda was a well-known broadcaster who provided narration for National Football League Films, Inc. (NFL Films) (defendant). NFL Films owned the copyrights to recordings of Facenda’s voice, which had been used in NFL Films’s videos. Before his death in 1984, Facenda signed a release contract giving NFL Films perpetual use of Facenda’s voice recordings, “provided, however, such use does not constitute an endorsement of any product or service.” In 2005, NFL Films used Facenda’s voice recordings in a promotional video for a video game. The executor of Facenda’s estate (plaintiff) sued, arguing that NFL Films’s use of Facenda’s voice in the promotional video violated Facenda’s right of publicity. NFL Films argued that it owned the copyrights to Facenda’s voice recordings and that the copyright included the right to create derivative works based on those recordings. The district court granted summary judgment to Facenda’s estate. NFL Films appealed, arguing that the estate’s right-of-publicity claim was preempted by NFL Films’s right to make derivative works under federal copyright law.
Rule of Law
Holding and Reasoning (Ambro, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.