Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 24, Issue 20
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Thanksgiving Football Tradition with a side dish of Copyright Infringement
By Kristyn Webb
In the US, Thanksgiving is quickly approaching. For many, Thanksgiving and (American) football go hand-in-hand, with the Detroit Lions’ game as much a staple of the holiday as turkey and pie. Since 1934, the Lions have been a Thanksgiving Day fixture, creating a tradition beloved by fans nationwide. However, this year’s game arrives amid controversy: Lions’ legendary Hall of Famer Barry Sanders is facing a lawsuit alleging copyright infringement.
The suit alleges that Sanders used a specific image of the former running back in merchandise and promotional materials without securing proper licensing from the copyright owner, Allen Kee, the sports photographer who captured the iconic image. Sanders has yet to answer the complaint, and it is unclear how far this case might go. If it makes it all the way to the litigation end zone, a jury may have to decide whether Kee should be compensated for capturing that famous moment on film, or whether Sanders should have the right to use his own image and likeness without permission or payment to a third party.
Earlier this year, Kee brought a similar suit against the Detroit Lions, National Football League, and other entities, after a statue of Sanders was unveiled in Detroit. That case remains pending.
As fans look forward to watching the Lions face off against their Thanksgiving rivals, this case serves as a reminder of the complexities surrounding copyright, image rights, and the intellectual property side of sports. The Thanksgiving tradition of Detroit football carries on, but this year it’s shadowed by the intriguing legal developments surrounding the Lions and one of the team’s greatest players.
Kristyn Webb is the Group Leader of Fishman Stewart’s Copyright Practice Group, and holds a Master’s Degree in Copyright Law from King’s College London.
Published November 15, 2024
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