Copyright and the Right of Publicity in Collegiate Athletics; Examining Maloney

By Richard J. Gray, of Singularity LLP   There has been extensive litigation by athletes regarding claims of unauthorized use of a player's likeness in video games. Two decisions from the Ninth Circuit have affirmed the athlete's right to bring such claims for both amateur athletes Keller v. Elec. Arts (In re NCAA Student-Athlete Name & Likeness Licensing Litig.), 724 F.3d 1268 (9th Cir. 2013) and professionals, Davis v. Elec. Arts, Inc., 775 F.3d 1172 (9th Cir. 2015). The Keller court desc