The NHL and MLB filed friends of the court briefs yesterday on behalf of the NFL in an ongoing NFL Films player likenesses case. The players want to be paid when their images appear in NFL Films. The NHL and MLB, through its MLB Properties arm, contended in a 19-page brief at the 8th Circuit Court of Appeals, that an adverse ruling against the NFL would harm all sports leagues. “The result urged by Plaintiffs-Appellants threatens owners of copyrighted content as it would limit their ability to exercise their exclusive rights to historical sports footage,” the two leagues contended. The Plaintiffs are three former football players, including Fred Dryer. The NFL argued, and a lower court agreed, that the material is copyright-law and First Amendment protected. A group of nine prominent copyright lawyers also filed an amicus brief on the NFL’s behalf, arguing NFL Films is copyright protected. The case is separate from another appeal at the 8th Circuit on behalf of former players protesting a settlement in the NFL Films case. The case was settled two years ago, but over 2,000 players opted out and have filed new lawsuits. Dryer already lost his, and he appealed to the 8th Circuit. It is that appeal that the NHL and MLB are filing on behalf of the NFL. The other appeal is brought by retirees who stayed in the settlement but contend it is unfair. The 8th Circuit has already heard oral arguments on the case but has not ruled.
