Plaintiffs Gene Washington, Diron Talbert, and Sean Lumpkin, former professional football players, brought a class action suit against the National Football League and a number of affiliated entities, including each of the 32 NFL teams, alleging that the NFL defendants, by constraining plaintiffs’ use of footage from games featuring their images and likenesses, are violating the Sherman Act. Specifically, the former players contended that by not allowing them the rights to game films and images from the games in which they played, defendants are monopolizing the market for former players’ likenesses. The district court granted the NFL defendants motion to dismiss, finding that defendants, as copyright owners of the footage, could exclude the rights of former players to sell their
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The US District Court for the District of Minnesota dismisses an antitrust complaint on the basis that copyright owners may exclude others from using even portions of their work in the market for footage of professional football games (Washington / NFL)
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