ipl-logo

A Case Summary Of The N. Vs. V. Motorola, Inc.

932 Words4 Pages

One case that we can look back on to show that the way FanDuel uses Pierre Garcon’s and other NFL player’s names and likenesses is not considered misappropriation is The National Basketball Assn. v. Motorola, Inc. In this case the National Basketball Association (“NBA”) filed a suit against Motorola for the unlawful misappropriation of statistics and scores from the NBA games to subscriber’s paging devices called SportsTrax. The ruling in this case was that Motorola had not illegally misappropriated the statistics and scores from NBA games to their subscribers. The court’s reasoning behind this was that any person with access to the internet could find these statistics and scores, so the NBA was not able to claim that they had sole ownership of them. If the NBA had …show more content…

A case that supports this claim is Keller v. Electronic Arts, Inc. In this case Sam Keller filed a lawsuit against Electronic Arts claiming that the company’s use of his likeness in their college football video game violated his right to publicity. Electronic Arts filed a motion to strike the case, and the court denied this motion. Keller claimed that the use of his jersey and number, along with many of his physical characteristics used in the game was misappropriation because he was never compensated for that use. This case was then absolved into the O’Bannon v. National Collegiate Athletic Association case, where Electronic Arts along with Collegiate Licensing Company settled for $40 million which was the form of compensation. FanDuel uses Pierre Garcon’s name and even other NFL players’ names and likenesses without their permission in their advertisements, so they too should have to compensate them for their

Show More
Related

  • Neff V. Time Inc. (1976)

    314 Words  | 2 Pages

    The intoxicated man at a San Francisco Giants baseball game motions to a freelance magazine writer and photographer to take a picture of him and his buddies, which means that he knew he was being photographed by a photographer for freelance magazine and thereby impliedly consented to its publication. This is the same cases at Neff v. Time, Inc. (1976), Inc. (1976), where a complaint has been filed by means of John W. Neff, the plaintiff, towards Time, Inc., the defendant. The photo was taken with Neff 's expertise and with his encouragement; that he knew he was being photographed by means of a photographer for sports Illustrated and thereby impliedly consented to its booklet. So therefore, I do believe that he will not win. There was no invasion

    Read More

  • NFL Personal Conduct Essay

    726 Words  | 3 Pages

    Ever since 1997, the NFL Personal Conduct Policy has been holding back coaches, players, team employees, and game officials from having a personal life outside the sport of football. The policy states that any illegal, violent, dangerous, or irresponsible conduct will not be tolerated. It is also stated that NFL team members may endeavor to be people of high character at all times; they must show respect for others inside and outside of the workplace because every single one of their actions reflect on the NFL. In order for the NFL to uphold their extremely high standards, whenever violations of the policy occur, appropriate disciplinary action will arise. If a team member is convicted of a crime, they are subject to a degree of discipline.

    Read More

  • Case Study: College Varsity Athletes Should Be Paid

    356 Words  | 2 Pages

    College Varsity Athletes Should be Paid In this paper, I argue that college varsity athletes should be paid for playing sports that bring in revenue. In particular, College football and basketball because they bring in the majority of the revenue for the schools. The revenue accomplished by college sports programs continues to increase, due to the growth in interest of the NCAA basketball tournament and the college football playoffs (Berry III, Page 270). Throughout the past few years, one of the main topics debated in college sports is whether or not the athletes should be paid.

    Read More

  • Argumentative Essay: Should College Football Players Get Paid

    622 Words  | 3 Pages

    Statistically showing, at least 100,000 college football players get hurt yearly. College football player’s should get paid to play because these players put themselves at risk for injury, college football is a job, not p.e, and it will help players adjust to college socially and economically. Colleges and the NCAA can make money selling jerseys and other souvenirs that might include the likeness of players, yet the actual players never receive a cent. Every time a football player steps onto the field, they’re risking themselves for injury.

    Read More

  • NFL Concussions

    1337 Words  | 6 Pages

    According to the New York Times journalist Alan Schwarz, he suggests, “The N.F.L.’s concussion studies have faced questions since they were published” (“N.F.L.’s Flawed Concussion Research and Ties to Tobacco Industry”). The NFL has formed a committee to conduct researches on concussions and its effects, although many data and researches are flawed and concealed from the public. Alan Schwarz also commented, “Confidential data obtained by The Times shows that more than 100 diagnosed concussions were omitted from the studies” (Schwarz). In order for NFL to fully gain profit without any backlashes on “not conducting a research” from the public, the NFL decided to create a study based on falsified information and omitted data. As a result, fans and even doctors was unaware of the situation on concealment.

    Read More

  • College Athletes Should Be Paid Analysis

    1317 Words  | 6 Pages

    It includes only those funds that end up in the NCAA 's bank account.” The FCAA being the organization that would collect and distribute the capital. This research paper described why college athletes should be paid. They make personal sacrifices, and take risks in order to produce revenue for their schools.

    Read More

  • American Football Sociology

    721 Words  | 3 Pages

    Sports journalists from across the media spectrum had reacted to the Saints’ bounty scandal in a unified voice. Through JumboSearch, I dredged up their consensus: the New Orleans Saints had breached the ‘bounty-rule,’ a Constitutional clause that outlawed targeted, incentivized violence. In one report, the ‘bounty-rule’ supposedly outlined in the League Constitution was lifted verbatim from a policy piece I had read earlier. Using that piece as my guide, I scoured the Constitution for the ‘bounty-rule’. It did not

    Read More

  • Abstract On Concussions

    1606 Words  | 7 Pages

    An online survey of 1,000 people conducted by ESPN in Northern California of early August did find that 57 percent of parents said the concussion problem made them less likely to let their sons play in youth leagues (Emmons, 2012). Over 3,200 retired NFL players have sued the NFL over the long-term effects of their head trauma days. Through suing the NFL they seek compensation for the information that was withheld from them about their protection. Studies show that concussions represent almost 9 percent of injuries in nine major high school sports. Although football is a rather violent sport it can still be while relatively safe when coached and monitored properly.

    Read More

  • Persuasive Essay On Entitlement In Sports

    442 Words  | 2 Pages

    Athletes must earn the right to wear the jersey and the right to playing time by bringing a strong athletic skill set, by being dedicated to the team, by performing well academically, and by showing good character and sportsmanship. No athlete should ever underestimate how hard another athlete is working to earn that same position on a team, a position no one is simply entitled to have without competing for it or competing to keep it. Wearing a high school jersey, does not entitle an athlete to playing time. Entitlement never wins championships, investment wins

    Read More

  • Summary Of The Shame Of College Sports By Seth Davis

    596 Words  | 3 Pages

    In his article “Should College Athletes be Paid? Why, They Already Are”, Seth Davis is able to effectively argue why Branch’s argument in “The Shame of College Sports” is incorrect through his use of rhetorical strategies to the Sports Illustrated audience. Davis’ use of ethos addresses Branch’s trustworthiness in what he includes or does not include in his article. Through his use of logos Davis is able to point out why Branch’s logic does not add up. Finally, Davis’ accusatory tone asserts his opinion of Branch’s writing, which tears down why Branch’s own article is flawed.

    Read More

  • Summary: The Case Of Paying College Athletes

    893 Words  | 4 Pages

    In their journal “The Case of Paying College Athletes”, John Siegfried and Allen Sanderson point out many discrepancies in NCAA policies, but do not support monetary payment. They argue: “College athletes are in fact currently paid, in the sense that the majority receive grants-in-aid that cover most – although not all – of their college expenses.” (Pg. 127). After this statement, the authors detail the demanding payments varying depending on each college

    Read More

  • Maurice Clarett's Case Against The NFL

    331 Words  | 2 Pages

    The main issue from this case was to determine whether the NFL’s eligibility rule was exempt from the antitrust law. During this case, the NFL players union and the

    Read More

  • Annotated Bibliography: Should College Athletes Be Paid

    904 Words  | 4 Pages

    The NCAA says that they don’t want to pay college athletes because of their scholarships. As the money keeps flowing more and more each and every year, it comes with more arguments about the athletes getting the money that they deserve. Sounds as if college athletes are blindly signing a sheet of paper and the NCAA has an evil smirk saying “You have no idea what you’ve gotten yourself into”. A court case had also gone down about a young college athlete and a car dealership. The dealership was using the athletes to make more sales with his cars and was doing behind the athletes back without

    Read More

  • Persuasive Essay On Pro Athletes Overpaid

    483 Words  | 2 Pages

    Athletes - Paid for Their Worth Most people think that athletes are overpaid and see huge contracts come out every year. It’s not everyday that an athlete wakes up to a 20 million dollar contract. In fact, they actually worked for it over many years of training and dedication. Pro athletes are paid exactly what they deserve because they work hard and sacrifice more than most people think. It's not just businesses paying them; people do things like buy merchandise, tickets to the games and support their favorite teams while the athlete does the “dirty” work of performing.

    Read More

  • NCAA Paid Case Study

    1676 Words  | 7 Pages

    Schools use their athletes for advertisements in an attempt to increase ticket sales for athletics or to increase enrollment. The NCAA would also use players images in products such as videogames in an effort to make money. Former UCLA basketball player Ed O 'Bannon realized this was not right and in 2014, he filed a lawsuit against the NCAA requesting compensation. John Stevens, an author for the Associated Press, states the details of the case when he says “In a case led by former UCLA basketball star Ed O 'Bannon, U.S. District Judge Claudia Wilken blocks the NCAA from making rules that deny players the right to compensation when their images are used commercially, for example, in video games and telecasts. Her ruling could allow some players to receive as much as $20,000 when they leave school.

    Read More

More about A Case Summary Of The N. Vs. V. Motorola, Inc.

Open Document