8th Circ. Denies Ex-Players' Publicity Claims Over NFL Films

Law360, New York (February 26, 2016, 12:00 PM EST) -- The Eighth Circuit on Friday rejected the appeal of three former NFL players who opted out of a $42 million settlement agreement over the use of their likenesses in NFL-sponsored TV shows and filed their own suit, finding that the Copyright Act preempted their right-of-publicity claims.

The circuit affirmed a summary judgment issued against the players — John Frederick Dryer, Elvin Lamont Bethea and Edward Alvin White — by a Minnesota district court. Writing for the panel, U.S. Circuit Judge Raymond W. Gruender said the players’ claim that their performances in football games should be protected by their individual publicity rights...

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