Maloney v. T3Media, Inc., No. 15-55630 (9th Cir. 2017)Annotate this Case
Plaintiffs, former student athletes, filed suit against T3Media, asserting claims for statutory and common law publicity-rights, as well as an unfair competition claim under California law. Plaintiffs alleged that T3Media exploited their likenesses commercially by selling non-exclusive licenses permitting consumers to download photographs from the NCAA's Photo Library for non-commercial art use. The district court held that the Copyright Act, 17 U.S.C. 101 et seq., preempted plaintiffs' claims and granted T3Media's special motion to strike pursuant to California’s anti-SLAPP statute, Cal. Civ. Proc. Code 425.16. In this case, plaintiffs concede that their suit arises from acts in furtherance of T3Media's right to free speech. Therefore, plaintiffs must demonstrate a reasonable probability of prevailing on their challenged claims. The court concluded that plaintiffs failed to do so because the federal Copyright Act preempts plaintiffs' claims. The court explained that the subject matter of the state law claims falls within the subject matter of copyright, and the rights plaintiffs assert were equivalent to rights within the general scope of copyright. Because the district court did not err in granting T3Media's special motion to strike, the court affirmed the judgment.
Court Description: California Anti-SLAPP Statute / Copyright Act. The panel affirmed the district court’s order granting T3Media’s special motion to strike, pursuant to California’s anti-SLAPP statute, the action brought by plaintiffs/former student-athletes Patrick Maloney and Tim Judge, alleging that T3Media exploited their likenesses commercially. Plaintiffs alleged that T3Media exploited their likenesses by selling non-exclusive licenses permitting consumers to download photographs from the National Collegiate Athletic Association’s Photo Library for non-commercial use. Plaintiffs asserted statutory and common law publicity-right claims and an unfair competition claim under California law. The California anti-SLAPP statute, Cal. Civ. Proc. Code § 425.16, was enacted to allow for early dismissal of meritless first amendment cases aimed at chilling expression though litigation.