Maloney v. T3Media

February 26, 2016

Two college basketball players assert that T3Media violated their rights of publicity after T3Media operated, with the approval of the NCAA, Paya.com, a website that allowed members of the public to view and purchase non-exclusive licenses to photographs copyrighted by the NCAA. In the amicus brief, which 22 organizations joined, the Reporters Committee argued that T3Media’s use of the photographs constituted speech fully protected by the First Amendment. Accordingly, we asserted that the Plaintiffs could not restrict the dissemination of the photographs without showing a narrowly tailored compelling state interest — a standard they could not satisfy by asserting publicity rights. The brief further argued that the right of publicity is best viewed as a doctrine designed to prevent the unauthorized use of an individual’s name or likeness in connection with the advertisement of a product, and is not designed to restrict the dissemination of noncommercial speech.