Maloney v. T3Media, Inc.: Student-Athlete Right of Publicity Claims Preempted by the Copyright Act

By Christian Dennie   Patrick Maloney and Tim Judge (“Plaintiffs”) are former NCAA student-athletes who played for the Catholic University (“CU”) men’s basketball team between 1997 and 2001. In their final year at CU, they made it all the way to the Division III national championship game, and helped lead the underdog Cardinals to a 76-62 upset victory over the William Paterson University Pioneers. The game’s drama was captured in a series of photographs depicting the Plaintiffs