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Maloney v. T3Media, Inc.

United States Court of Appeals for the Ninth Circuit
853 F.3d 1004 (2017)


Facts

The NCAA licensed thousands of images from seventy years of sports to digital content service provider T3Media, Inc. (defendant), allowing consumers to download photographs for $20 to $30. Former basketball players Patrick Maloney and Tim Judge (plaintiffs) sued, arguing that selling the photos violated their publicity rights and California’s unfair-competition laws. The trial court granted T3’s motion to strike, reasoning that the Copyright Act preempted the claims. The players appealed.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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